When Do Holidays Count as FMLA Leave?
With the holiday season in full swing, a common question asked is whether holidays can be counted against an employee’s FMLA eligibility. The answer is, as it seemingly always is with us legal types, maybe. There are multiple factors that determine whether or not holidays are counted as an employees FMLA leave, they include:
- how long the “break” is for employees because of the holiday
- how much leave is being taken
- how the leave is being taken
So, when do holidays count as FMLA leave and when don’t they? The following examples should help illustrate how to properly calculate FMLA qualifying leave during or around a holiday.
Holiday Counted as FMLA Leave
Let’s say the employee is receiving one day off for a holiday falling on a Friday:
If the employee is out on FMLA leave Monday through Thursday, those 4 days and the holiday should be counted as FMLA leave used.
The same would apply if the holiday fell on any other day during the week. As long as the employee has been out on FMLA leave for the other 4 days, the holiday should be considered an FMLA leave day.
Holiday NOT Counted as FMLA Leave
There are times a holiday does not qualify as FMLA leave for an employee. The example below will help you to better understand when a holiday should not be counted as FMLA leave.
Let’s say the employee is receiving one day off for a holiday falling on a Friday:
If the employee has worked any other day during the week, the holiday should not be counted as FMLA leave used. It doesn’t matter which day they worked, so long as it happened.
This simple distinction can be extremely significant, as it can improperly affect an employer’s calculation of an employee’s remaining Family & Medical Leave Act leave, meaning that somebody’s looking at a potential FMLA lawsuit if an adverse action results from the miscalculation.
Make sense? You tell us!