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Forums: Legal Forum
  

Legal Forum
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.

Welcome to the Legal Forum. Before posting, you may want to look through past pages of this Forum to see if your question has been answered. Also, search the Research Center.

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Workforce Management Community Center Forum Index » » Legal Forum » » FMLA & shutdowns



  
 
Author FMLA & shutdowns
CONWIN


Joined: Jan 29, 2002
Posts: 49		Posted: 2002-01-29 13:05   
 This past Christmas/New Years, our company was closed for seven workdays starting 12/24/01 and returning 1/2/02. During that time, we had three holidays (Monday, 12/24; Tuesday, 12/25; and Tuesday, 1/1). The other days we were just closed.

My question is regarding the last paragraph in CFR825.200 regarding "company shutdowns of 1 week or more". Should any of the days we were closed NOT count towards the FMLA 12-week period.
Forum Hosts
Legal Forum Host


Joined: Dec 20, 2001
Posts: 521		Posted: 2002-01-31 06:23   
 I have to tell you that FMLA is one of the most complicated statues in the world and the one which ensures that my kids will be able to afford college.

The Regulation in question, 29 C.F.R. Sec. 800.200, specifically states that the calculation of an employee's right to 12 weeks of leave is not affected by the holiday which falls during one of the weeks but is affected by closings of one week or more. Thus, sayeth the Regulation, a one week closing during the Christmas or New Year's holiday should NOT be counted as one week of FMLA leave.

It would seem to me that the Regulation specifically contemplates exactly your situation. Having said that, some courts think the DOL overstepped its authority when it adopted the Regulations, meaning the Regulation may not be enforceable.
  


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