Do you count holidays for FMLA? This is a common question that many employers and employees ask when discussing the Family and Medical Leave Act (FMLA). The FMLA is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons. However, the question of whether holidays are counted as part of this leave can be confusing. In this article, we will explore the intricacies of counting holidays for FMLA and provide some guidance for both employers and employees.
The Family and Medical Leave Act (FMLA) was enacted in 1993 to provide employees with the opportunity to take time off from work to care for themselves or their family members without the fear of losing their jobs. The law applies to employees who work for covered employers and have worked for the employer for at least 12 months, have worked at least 1,250 hours during the 12-month period before the leave, and work at a location where the employer employs at least 50 employees within a 75-mile radius.
When it comes to counting holidays for FMLA, the answer is not straightforward. The FMLA regulations do not explicitly state whether holidays should be counted as part of the 12-week leave. This has led to some confusion and differing interpretations among employers and employees.
Some employers may count holidays as part of the FMLA leave, while others may not. If an employer chooses to count holidays, the employee’s leave may be extended beyond the 12-week limit. For example, if an employee is on FMLA leave for 10 weeks and there is a holiday during that time, the employer may allow the employee to take the holiday as part of their leave, effectively extending their leave to 11 weeks.
On the other hand, some employers may not count holidays as part of the FMLA leave. In this case, the employee’s leave would remain at the 12-week limit, and they would not be able to take additional time off for holidays during their leave.
It is important for both employers and employees to understand their rights and obligations under the FMLA. Employers should have a clear policy in place regarding the counting of holidays for FMLA leave, and employees should be aware of this policy when requesting leave.
Employees should also be aware that they may be eligible for additional leave under the FMLA if they are on leave for a qualifying reason and their leave is expected to last longer than 12 weeks. In such cases, the employer may be required to provide additional leave, subject to certain conditions.
In conclusion, the question of whether holidays are counted for FMLA leave is not a one-size-fits-all answer. Employers and employees should consult the FMLA regulations and their employer’s policies to determine how holidays are counted. It is crucial for both parties to have a clear understanding of the rules to ensure that employees can take the necessary time off to care for themselves or their family members without facing undue hardship.
