Are holidays counted in FMLA? This is a common question among employees who are considering taking advantage of 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 in this leave can be confusing. In this article, we will explore the details of how holidays are treated under the FMLA and provide guidance for employees navigating this important aspect of the law.
The Family and Medical Leave Act (FMLA) was enacted to provide employees with the opportunity to take time off work without the fear of losing their jobs. It applies to private sector employers with at least 50 employees and to all public agencies, regardless of the number of employees. The law covers various reasons for leave, including the birth or adoption of a child, the serious health condition of an employee or a family member, and the need to care for a family member with a serious health condition.
When it comes to holidays, the FMLA has specific provisions that dictate how they are counted. According to the Department of Labor (DOL), which administers the FMLA, holidays are generally not counted as part of the employee’s FMLA leave. This means that if an employee is on FMLA leave and a holiday falls during that period, the employee will still be entitled to the full 12 weeks of leave, but the holiday will not extend their leave beyond the 12-week limit.
However, there are some exceptions to this rule. If an employer allows employees to take paid time off for holidays, and the employee chooses to use that paid time off during their FMLA leave, the holiday may be counted against their available leave. In this case, the employee would need to use their paid time off before the holiday to ensure that they do not exceed the 12-week limit.
It is important for employees to understand that the FMLA does not require employers to provide paid leave, and the decision to offer paid holidays is at the discretion of the employer. Therefore, if an employer does not offer paid holidays, the employee’s FMLA leave will not be affected by any holidays that occur during that time.
In summary, holidays are generally not counted in FMLA leave, and employees are entitled to the full 12 weeks of leave regardless of any holidays that fall during that period. However, if an employer offers paid holidays and the employee chooses to use that paid time off during their FMLA leave, the holiday may be counted against their available leave. Employees should consult with their employer’s HR department or legal counsel to ensure they fully understand the specifics of their FMLA benefits and how holidays are treated under the law.
