Forums
Maternity leave and holiday pay
Legal Forum
Maternity leave and holiday pay
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
If an individual is out on unpaid maternity leave, and a holiday falls within this time frame, would they get paid holiday pay? She has senority and would normally be eligible for holiday pay. Current
0
Cat:Topic ForumsForum:ForumId54
Cat:Topic ForumsForum:ForumId54Discussion:DiscussionId17512
Forums » Topic Forums » Legal Forum » Maternity leave and holiday pay
|
Maternity leave and holiday pay
posted at 8/11/1999 9:03 PM EDT
|
Posts: 10
First: 7/8/1999 Last: 10/11/1999 |
If an individual is out on unpaid maternity leave, and a holiday falls within this time frame, would they get paid holiday pay? She has senority and would normally be eligible for holiday pay. Currently our employee manual does not cover this area. |
|
|
Maternity leave and holiday pay
posted at 8/12/1999 3:35 PM EDT
|
|
Posts: 30
First: 8/12/1999 Last: 2/4/2000 |
Disclaimer: CHECK THE INFORMATION I AM DISCUSSING. The laws may have changed.
Now on to my answer. I am assuming that you mean ONE holiday (for example, composed of one single day or two days in a row). If that is the case, my understanding is that the time still counts AGAINST the employee's leave entitlement. On the other hand, if your business activity has ceased temporarily such that your employees are not expected to return to work for a week or more, the period of time that your activities have ceased will not count against the employee's leave time. |
|
|
Maternity leave and holiday pay
posted at 8/12/1999 7:37 PM EDT
|
|
Posts: 10
First: 7/8/1999 Last: 10/11/1999 |
The Holidays in question are: Christmans Eve and News Years Eve. She may be on an unpaid maternity leave then and if so, would she get the holiday pay? She normally would, but now she may be on maternity leave, does one overide the other? Nothing in the employee manual and new to me...Thanks |
|
|
Maternity leave and holiday pay
posted at 8/15/1999 7:45 PM EDT
|
|
Posts: 2217
First: 6/16/1999 Last: 12/13/2001 |
I think the answer to your question depends on state law, the Federal Family and Medical Leave Act (FMLA) and your policy. With respect to your policy, while you say that the handbook does not cover the situation, I suspect that it has come up in the past. Thus, you probably have a policy, although it may not be a written one. If you do not have a policy, now is the time to get one.
With respect to state law, some states have statutes requiring employees to receive pay for certain holidays. You should check out your state and, if there is such a requirement, keep a handy list of those holidays available. If you would like the details, consult with your favorite labor and employment lawyer, or contact your state's department of labor. With respect to the Federal Family and Medical Leave Act, the issue seems to be a bit unsettled. If your company has a policy (see below) of requiring employees to be working the work day before the holiday and the work day after the holiday, it would seem that if the employee on FMLA leave is out both days, the leave would be unpaid. If the FMLA employee is actually working either the day before or the day after, then it is not so clear. I have found no case on point and could argue both sides of the coin. [Use caution here as this is an unsettled area.] With respect to your company's policy, how do you treat employees on an approved unpaid leave for holiday purposes? I assume it has come up in the past. Under the Pregnancy Disability Act, during the period of disability as a result of pregnancy, an employee is entitled to be treated the same way as any other employee on disability. Thus, if you pay Charlie holiday pay when he was on disability after his heart attack, you should pay Mary when she is on disability after the birth of her child. If the leave is neither an FMLA leave nor a disability leave (i.e., it is just an extended childcare leave), I still think the employee should be treated as any other employee in an unpaid leave status. If you do not have a policy, the adopt one, subject to the above comments. Good luck. |
Forums » Topic Forums » Legal Forum » Maternity leave and holiday pay
