HR Management & Compliance

Calculating FMLA Leave During the Holidays

By Susan Schoenfeld, JD

The holidays are filled with cheer and oftentimes, many days of holiday leave. So what happens when FMLA leave and the holidays coincide? Does FMLA leave “count” during a work holiday?

FMLA’s regulations state that, for purposes of determining the amount of leave used by an employee, the fact that a holiday may occur within a full week taken as FMLA leave has no effect; the entire week is counted as a week of FMLA leave.

However, if an employee is using FMLA leave in increments of less than 1 week, the holiday will not count against the employee’s FMLA entitlement unless the employee was otherwise scheduled and expected to work during the holiday.

Read more here.

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