Holiday Pay during FMLA

dlemoine

Our FMLA policy requires each employee to "use up" their accrued PTO hours (this is for personal time and sick time)on the onset of FMLA. The remainder of their FMLA is unpaid. Does an employer have to pay employees holiday pay while they are out on FMLA? Our company acknowledges 9 paid holidays per year.

NaeNae55

I am not an expert, but my opinion is that it depends upon your holiday policy. Do you require the day before and after to be paid in order to receive holiday pay? Do you just require it to be an excused leave? If you don't have a policy, or if you only require leave before and after the holiday to be excused, then you should pay the holiday.

Good luck!

POPEYE

NaeNae55 is right. Sec 825.209 (h) An employee's entitlement to benefits other than group health benefits during a period of FMLA leave (e.g., holiday pay) is to be determined by the employer's established policy for providing such benefits when the employee is on other forms of leave (paid or unpaid, as appropriate).

dlemoine

Thank you for responding...Our holiday pay policy does require advance approval for PTO taken before and after holidays and a doctor excuse for missed days due to illness before and after holidays. So, I guess if FMLA is approved and any holidays that fall within their leave time should be paid.

LindaS

Ditto.

njjel

So if there is no policy for day before and after the employer is obligated to issue a check for one day's pay for the holiday(s)?

Peyton Irby MS

it depends on yourpolicies and past practice. if you pay holiday pay for employees on other types of leave, then the fmla employee gets the same benefit. if not, then no pay is due. some employers differentiate between paid and unpaid leave which could affect the eligilibility.

hrbanker

Our holiday policy specifically states that employees on leaves of absence are not eligible to receive holiday pay. Leaves of absence would be an absence of two weeks or longer, but that's not specified in that policy. Even the most carefully crafted policies can trip us up. I never gave a thought to FMLA!
--the more I learn, the less I think I know!