FMLA

CCH1400

I have an employee that has gone out on maternity leave. In computing her time off, am I correct that holidays are not counted in that computation? She is questioning that our payroll department did not pay her for Christmas. Your help would be greatly appreciated.

Thank you.

marc

We don't pay for the holidays because our policy states you have to be on paid leave the day before and the day after a holiday to be paid for it. We also do not count the Holiday as a part of the 480 hours the EE gets as FML.

nietra

Our company policy is the employee must have been in a paid status the day before or the day after the holiday to receive holiday pay.

As far as counting it towards FMLA - it's 12 workweeks of leave. If the holiday happens to fall in a workweek they are on FMLA leave then we count it as part of that workweek.

CCH1400

Thanks for your replies but does anyone know what the regs say regarding this. Can you point me to a website?

Thanks again.

marc

[url]http://www.dol.gov/dol/topic/benefits-leave/fmla.htm[/url]


Work your way through to 29CFR 825.509

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).


Is that what you were looking for?

CCH1400

Yes. And thank you for the website info.

It's good to know there are Forumites to help people like me who have a split job and do not do HR full-time. My title is Executive Secretary but I do background checks, orientation of new employees and the FMLA. Our Business Office with payroll, benefits, etc. is in a separate building.