FMLA and Holidays

December 03, 2018

Determining whether company holidays count towards an employee’s Family and Medical Leave Act (FMLA) entitlement depends on whether the employee takes leave for an entire week or on a lesser intermittent or reduced schedule basis. When a holiday occurs within a week in which an employee takes a full week of FMLA leave, the entire week is counted as FMLA leave. If, however, an employee is taking FMLA leave in increments less than one week, the holiday is not counted as FMLA leave, unless the employee was scheduled and expected to work on the holiday and used FMLA leave for that day. Company shutdowns of one or more weeks where employees are not expected to report to work, such as for the Christmas/New Year holiday, a summer vacation, or a plant closing for retooling or repairs, do not count against an employee’s FMLA leave entitlement. Employers should review their FMLA policies and practices to ensure they are compliant. We recommend all employers have their Employee Handbook reviewed on an annual basis by SESCO to ensure compliance.