FMLA and company required closing
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25 Posts
We have an employee on a FML leave of absence and is not expected to return until after the first of the new year. As a company, we are closed from 12/24/09 and return on 01/04/10. Can we count that time against the annual FML hours? Since the company will be closed anyway I didn't know if this is something we could do.
Comments
(29 CFR 825.200(h)) If for some reason the employer's business activity has temporarily ceased and employees generally are not expected to report for work for 1 or more weeks (e.g., a school closing 2 weeks for the holiday or the summer vacation or an employer closing the plant for retooling or repairs), the days the employer's activities have ceased do not count against the employee's FMLA leave entitlement.
I pulled this information out of the BLR Family and Medical Leave Act Compliance Guide Section 500-3.
Hope it helps.