FMLA/PAID HOLIDAY

CLSmith

We have a Holiday Policy that states EE's must work before and after a holiday to receive pay for the holiday.

We run FMLA along with any STD or WC leave and have been paying EE's for holidays that fall within these leaves. Management is questioning whether they want to change our Holiday Policy to state that EE's will not be paid for holidays that fall within an STD/WC/FMLA leave.

Can we "not pay" for the holiday since the FMLA regs address not taking away any benefits EE would receive if working? Or is it okay to "not pay holiday" if we address it in our policy??

joannie

Our policy states the employee must work or be available to work both the day before and the day after the holiday to receive pay. Our employement law attorney advised us this would cover non-payment of holidays to ee's on FMLA.

NaeNae55

There is another thread discussing this issue. Last entry 8/22/07. It is called FMLA & Holiday.

CLSmith

I did check the FMLA/HOLIDAY thread, but that addressed counting the holiday toward the FMLA absence. I'm concerned about not paying the holiday if it falls during an FMLA absence.

LindaS

There have been many discussions on this subject in the past and there have been individuals on both sides of the argument. Our policy specifically states that an EE has to work their last scheduled work day before and their first scheduled work day after to get their holiday pay. Since an EE on FMLA leave is not working as scheduled, they do not receive the pay. We had a grievance that went to arbitration on this issue and the decision came back on our side that we were okay doing just what our policy states.

To answer your question, as long as your policy clearly spells out the conditions for obtaining holiday pay, you are fine NOT paying it to those on FMLA leave.

CLSmith

Thanks to everyone for your responses! They really helped us in our decision making.