Do company holidays count toward my FMLA days off?

The answer to your question depends on whether you were planning on taking the full week off or working on a part-time schedule allowed under FMLA.

If you were planning on taking the full week and the holiday happens to fall within that week, the holiday is counted towards your FMLA leave. For example, if you are taking 12 continuous full weeks for maternity leave, and the holiday falls within those 12 weeks, it is counted as an FMLA leave day. If, however, your whole company has a ‘shutdown’ for a one or two week period for a holiday or closing, it will not count toward your FMLA leave.

If you are on a reduced work schedule, meaning you work part-time hours or a couple of days a week, and the holiday falls within that week, it is not counted toward your FMLA days with one exception. If you are scheduled to work on that specific holiday and take off, it will count toward your FMLA days.

So, basically, if you were planning on taking the whole week under FMLA, the holiday is most likely counted toward your FMLA leave days. If you are on a part-time schedule and not scheduled to work on the holiday, it should not count toward your FMLA leave days.

For additional information on the Family and Medical Leave act, here is the link to the Department of Labor website https://www.dol.gov/whd/workers.htm.

The words and other content provided in the blog, and in any linked materials, are not intended and should not be construed as professional advice (please read the Terms and Conditions for additional information).

Alicia H. Lillegard, Esq.

Alicia Lillegard has over 20 years of experience in employment law, human resources and insurance, working with with large blue chip companies, startups, and not-for-profit organizations. Ms. Lillegard is currently Managing Director of New England Human Capital, a human resources consultancy which advises small and midsize businesses on Human Resources compliance, including employment procedures, employee relations and employee benefits. She holds degrees from Loyola University Chicago and John Marshall Law School.

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