Does FMLA Include Holidays?
Family and Medical Leave Act (FMLA) is a federal law designed to provide employees with job-protected leave for certain family and medical reasons. One common question that arises regarding FMLA is whether holidays are included in the total leave time. In this article, we will explore whether FMLA includes holidays and the implications of this on employees’ leave.
Understanding FMLA Leave
The FMLA allows eligible employees to take up to 12 weeks of unpaid, job-protected leave within a 12-month period for the following reasons:
1. The birth of a child and to care for the newborn child.
2. The placement of a child for adoption or foster care and to care for the newly placed child.
3. To care for an immediate family member with a serious health condition.
4. To take medical leave when the employee is unable to work due to a serious health condition.
Does FMLA Include Holidays?
The short answer to whether FMLA includes holidays is no. FMLA leave is calculated based on the employee’s work schedule, not on a calendar year. Therefore, holidays are not factored into the total leave time. Employees are not entitled to additional leave for holidays during their FMLA leave period.
Example
For instance, if an employee is on FMLA leave for the birth of a child and the leave is scheduled to last for 12 weeks, the employee will not receive additional time off for holidays such as Christmas or New Year’s Day. The employee will continue to use their 12 weeks of FMLA leave, and the holidays will not be counted towards their total leave time.
Exceptions and Considerations
While holidays are generally not included in FMLA leave, there are some exceptions and considerations to keep in mind:
1. If an employer offers paid time off (PTO) or vacation days that coincide with a holiday, the employee may use these days in addition to their FMLA leave.
2. If an employer has a paid holiday policy, the employee may receive pay for the holiday, but this will not count towards their FMLA leave time.
3. Employers may require employees to use their paid time off or vacation days during their FMLA leave, but this should be clearly stated in the employee’s leave agreement.
Conclusion
In conclusion, FMLA does not include holidays in the total leave time. It is essential for employees to understand the details of their FMLA leave and how it interacts with their work schedule and any additional paid time off policies. By being aware of these factors, employees can ensure they make the most of their FMLA leave while still meeting their personal and professional responsibilities.
