Holiday Pay and FMLA

aellis

We have two employees out on FMLA (unpaid as their paid time has already been used up.) Our employee handbook does not state any policy about working before or after holidays to receive pay. Do we pay these two employees for the upcoming holiday?

Margaret Morford

What does your holiday pay policy say? If it is silent, what has your practice been in the past for others on FMLA, WC or any other approved leave of absence? You ought to write into your policy that any employee on a leave of any kind is not eligible for holiday pay. Also as long as you are addresssing it, many companies do not allow employees to continue to accrue PTO, sick or vacation time while on leave.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

aellis

I'm afraid it is silent on the matter. I'm working on a new handbook (I've only been here about 6-months) as this company had not HR type here prior. I will put something in about the pay while out. Thanks! But if our current handbook is silent, do we need to pay those who are out on approved leave.

Don D

Do I have a holiday coming up? Which one? Monday is Victoria Day in Canada. Please tell my boss I get it!

aellis

27th is Memorial Day.

Margaret Morford

If your handbook is silent, you then go to your past practice. What did you do on the last holiday? If you paid those out on leave, then do so again and put out a memo stating your new policy before July 4th. Then add the policy to your handbook. If you didn't pay them, then follow your past practice and don't pay. If you have some paid and some unpaid, I'd pay them all.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]