Do you get paid for holidays while on FMLA? This is a common question among employees who are eligible for Family and Medical Leave Act (FMLA) benefits. The answer, however, can be quite complex, as it depends on several factors, including the employer’s policies and the specific circumstances of the employee’s leave. In this article, we will explore the intricacies of FMLA and how holiday pay may or may not be included during this period.
The Family and Medical Leave Act, signed into law in 1993, provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons. This includes the birth or adoption of a child, the care of a seriously ill family member, or the employee’s own serious health condition. While FMLA guarantees job protection, it does not guarantee pay, which can be a source of confusion for many workers.
Firstly, it is important to note that FMLA is an unpaid leave. However, some employers may offer paid leave policies that can be used concurrently with FMLA. In such cases, an employee may receive paid leave for holidays during their FMLA leave, depending on the employer’s policy. For example, if an employer has a paid time off (PTO) policy that includes holidays, an employee may receive pay for holidays while on FMLA if they have unused PTO available.
On the other hand, if an employer does not offer paid leave policies or if an employee does not have any unused PTO, they will not receive pay for holidays during their FMLA leave. This means that employees must carefully review their employer’s policies to understand the specifics of their leave and holiday pay.
Another factor to consider is the type of FMLA leave an employee is taking. For example, if an employee is on FMLA leave due to their own serious health condition, they may be eligible for short-term disability (STD) benefits, which can include holiday pay. However, if an employee is on FMLA leave to care for a family member, they may not be eligible for STD benefits, which could result in no holiday pay.
It is also worth noting that some employers may offer prorated holiday pay for employees on FMLA leave, depending on the length of their leave and the number of holidays during that period. This can help ease the financial burden for employees during their time off.
In conclusion, whether or not you get paid for holidays while on FMLA depends on a variety of factors, including your employer’s policies, the type of leave you are taking, and your eligibility for paid leave benefits. It is crucial to review your employer’s FMLA and paid leave policies to understand your rights and options during your leave. By doing so, you can ensure that you are adequately prepared for the financial aspects of your FMLA leave.
