Current FMLA policies apply. When a holiday falls during a week when an employee is taking less than the full week of FMLA leave, 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. However, if the employee misses only part of a workweek in which a holiday occurs, the holiday does count against his FMLA entitlement, and the employee uses an entire week of FMLA for that week.
Employees whose leave falls on a holiday week will not be able to “switch” their leave election to avoid FMLA policies and practices regarding holidays.
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