FMLA and Holiday Pay

hr410

We generally require our employees to exhaust any vacation/sick leave they have towards their FMLA entitlment.  Now, if an employee does not have any more vacation/sick leave remaining, and thus is getting leave without pay during the FMLA leave, would this employee still be eligible for holiday pay?

sseditor

Dear hr410:

Whether or not the employee is eligible for holiday pay depends on what kind of leave they are taking during the FMLA-protected leave. For example, an employee on vacation normally would receive holiday pay, according to company policy. Accordingly, employees substituting some form of paid leave for unpaid FMLA also would be entitled to holiday pay. On the other hand, employees on unpaid FMLA may or may not be entitled to receive holiday pay, depending on company policy and practice. If company policy entitles an employee on non-FMLA unpaid leave to holiday pay, employees exercising their rights under FMLA should be treated similarly.