FMLA & Holiday

Rockie

Need a quick answer to this. Our policy states that an employee must use PTO time in conjunction with FMLA. We have an employee who will use 32 hours of PTO time and will return with PTO still on the books. This will be during the July 4 week. We would normally pay for the Friday holiday. Our policy states that employees do not accrue leave or will not be paid holiday pay while on an unpaid leave. Employee feels she is using PTO and will still have PTO, thus this is not unpaid leave.

What should be done in this case. Most people exhaust their PTO and if they are not getting paid,then they would, of course, not get holiday pay. In this case, this would not be unpaid leave, so which would apply?

Just want to be fair and consistent on this.

Thanks.

Hatchetman

Ifyour policy states "emplyees don't accrue leave or receive paid hoidays while they are on UNPAID leave" and this employee is on paid leave at the time the 4th comes along, then it seems to me, she receives the accrued holiday time (or the paid holiday replaces the PTO for that day).

Our policy is very smilar. As long as the emplyee receives paid leave, he or she continues to get paid holiday.

njjel

We would pay the holiday. She is actually on paid time off. If she were on vacation she would be paid for the holiday correct? I would look at this in the same manner. Additionally, there was a LONG thread regarding this not long ago on the forum. Perhaps someone w/a better memory than I can direct you to it.

Lola815

we just had this situation happen to us with the Memorial Holiday. I had to think about it for along time and convince my boss that we should pay him for the holiday and we did. I felt good about it.

System

I agree with all of the above. Our policy reads similar. However, IF the employee runs out of PTO's during FMLA and a holiday falls after that time, the employee does not get the benefit of the holiday. We have several cases of each.

E Wart

E Wart
I agree with the previous answers. You should pay the holiday. It really doesn't matter that the employee still has time in their PTO. They are an "active employee" since they are being paid for their time off, just like someone on vacation, but their are also on FML. (If they were on a disability pay it could be different depending upon your policy. We say they can't receive both holiday and disability and if on disabilty they are not an active employee.) One clarification you may want to add to your policy is that they have to be an active employee the day before and the day after a holiday in order to be considered being paid for this company holiday.
Good luck.