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FMLA and Holidays
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FMLA and Holidays
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
This feels a little like asking someone to do my homework for me,but...as I am looking around to refresh my information on FMLA and paid holidays, I am finding plenty on the internet that talks about
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FMLA and Holidays
posted at 5/6/2011 8:54 AM EDT
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Posts: 323
First: 6/15/1999 Last: 9/9/2011 |
This feels a little like asking someone to do my homework for me,but...as I am looking around to refresh my information on FMLA and paid holidays, I am finding plenty on the internet that talks about 2009 amendments addressing this. I prefer to find this in the actual regs and have poored over them until I am cross-eyed. Can anyone direct me to the section that addresses this specifically - about not having to pay if out the whole week and should pay if worked part of the week?
I think I have an FMLA learning disability - would that be covered under ADA? |
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FMLA and Holidays
posted at 5/6/2011 2:12 PM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
§ 825.200 Amount of leave.
"For purposes of determining the amount of leave used by an employee, the fact that a holiday may occur within the week taken as FMLA leave has no effect; the week is counted as a week of FMLA leave. However, if an employee is using FMLA leave in increments of less than one week, the holiday will not count against the employee's FMLA entitlement unless the employee was otherwise scheduled and expected to work during the holiday. Similarly, if for some reason the employer's business activity has temporarily ceased and employees generally are not expected to report for work for one or more weeks ( e.g. , a school closing two weeks for the Christmas/New Year holiday or the summer vacation or an employer closing the plant for retooling or repairs), the days the employer's activities have ceased do not count against the employee's FMLA leave entitlement. Methods for determining an employee's 12-week leave entitlement are also described in §825.205." |
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FMLA and Holidays
posted at 5/6/2011 2:14 PM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Oops I read the question wrong...I think you may want to look at the FLSA about what deductions can be taken for an exempt employee.
http://www.dol.gov/elaws/esa/flsa/overtime/cr3.htm "However, an employer is not required to pay an exempt employee the full salary for weeks in which he or she takes unpaid leave under the federal Family and Medical Leave Act (FMLA). The employer may pay a proportionate part of the full salary for time actually worked. For example, if an exempt employee who normally works 40 hours per week uses four hours of unpaid leave under the FMLA, the employer may deduct 10 percent of the exempt employee's normal salary for that week." |
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FMLA and Holidays
posted at 5/6/2011 2:17 PM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
FMLA Section 825.209
"(h) An employee's entitlement to benefits other than group health benefits during a period of FMLA leave ( e.g. , holiday pay) is to be determined by the employer's established policy for providing such benefits when the employee is on other forms of leave (paid or unpaid, as appropriate)." So this one combines pay and FMLA.... |
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