Managing FMLA (Family Medical Leave Act) Leaves That Fall On Holidays

Employees are always asking questions about the FMLA (Family Medical Leave Act). For employers, it is definitely a challenging part of human resources duties. When an FMLA leave falls on a holiday, it becomes even more complicated.

Employers must know how to answer three holiday-related questions. First, if a holiday falls during an employee’s FMLA leave, does that holiday count against the employee’s FMLA entitlement? Second, how is the FMLA administered when there is an extended plant, office or school shutdown? Lastly, must an employer provide holiday pay to an employee on FMLA leave?

Does a holiday count against an employee’s FMLA leave entitlement?

While many employers keep track of their employees’ FMLA entitlements in terms of days or even hours, the FMLA and its implementing regulations provide that employees receive 12 workweeks of leave in a one-year period. As a result, leave is calculated in workweek increments. Under 29 C.F.R. § 825.200(h), if an employee is off work for an entire workweek, even if it is a week in which a holiday falls, the employee uses a week of FMLA. Only when an employee is off work for less than an entire workweek will the employee have used a partial week of FMLA.

For example: An employee is on FMLA leave for a week, from Tuesday, May 24, 2016, through Tuesday, June 7, 2016. His employer is closed on Monday, May 30, 2016, to celebrate Memorial Day. Does the May 30 holiday count against the employee’s FMLA entitlement?

The employee is off work the entire week of May 30, the week in which the Memorial Day holiday falls. As a result, the holiday does count against his FMLA entitlement, and the employee uses an entire week of FMLA for that week.

However, the outcome is different if the employee misses only part of a workweek in which a holiday occurs.

For example: An employee is off work on FMLA leave for a week, from Wednesday, May 25, 2016, through Tuesday, May 31, 2016. His employer is closed Monday, May 30, 2016, for Memorial Day. Does the Memorial Day holiday count against the employee’s FMLA entitlement?

Because the employee is off work for only part of the workweek in which the Memorial Day holiday falls, then only the days the employee was expected to report to work, and not the Memorial Day holiday, count against the employee’s FMLA entitlement.

But here’s an example with an important difference—the employer is open for business on the Memorial Day holiday: An employee is on FMLA leave from Wednesday, May 25, 2016, through Tuesday, June 7, 2016. His employer is open for business over the Memorial Day holiday. Does the holiday count against the employee’s FMLA entitlement?

Because the employer is open for business, and assuming that the employee would have been scheduled to work on the holiday, Memorial Day is treated as any other work day and May 30 would count against the employee’s FMLA entitlement.

How is the FMLA administered when there is an extended plant, office or school shutdown?

If there is a weeklong shutdown over the holidays, like a plant closing or school shutdown, and employees are not expected to work, 29 C.F.R. § 825.200(h) provides that the shutdown period does not count against the employee’s FMLA entitlement. A partial week shutdown is treated in the same manner as if the days off work were holidays.

Do employees on FMLA leave get holiday pay?

Under 29 C.F.R. § 825.209 and 29 C.F.R. § 825.215(c)(2), whether an employee on FMLA leave must receive holiday pay depends on whether the employer would make the payment if the employee were on a non-FMLA leave. If an employer’s policy provides that an employee who is off work the day before the holiday will get holiday pay only if the time off is paid (with PTO or vacation, for example), then the employer must provide holiday pay to an employee who is on FMLA leave only if the FMLA leave is paid. An employer with such a policy is not required to provide holiday pay to an employee on unpaid FMLA leave. In other words, employers must treat employees on FMLA leave consistent with those who are on similar forms of non-FMLA leave.

An employer’s compliance with FMLA statutes is vital to avoiding legal claims and penalties for failing to comply. These situations are a few of many more questions about this statute.