Do Company Holidays Count Towards FMLA days?

Understanding how time off is calculated under FMLA, particularly during company holidays, can be a bit tricky. Do company holidays, like Thanksgiving or Christmas, count towards your FMLA leave days? Here we discuss the details to help you understand when a holiday counts toward your FMLA leave, and when it doesn’t.

The Basics of FMLA Leave

FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year. It can be taken to care for yourself or a family member with a serious health condition, for maternity or paternity leave, or for other qualifying family reasons. For those who qualify, it provides a safety net, ensuring your job remains secure while you take time away from work.

When Holidays Count Toward FMLA

Whether a holiday counts as part of your FMLA leave depends on whether your leave is continuous or intermittent. Here’s a closer look:

1. Continuous FMLA Leave
   If you’re on continuous leave (meaning you’re out for multiple consecutive days or weeks), any company holiday that falls within this period will count toward your FMLA leave. For example, let’s say you’re out for four consecutive weeks on FMLA, and during that time, Thanksgiving occurs. Because you’re already on leave, that Thanksgiving holiday will count as part of your FMLA time, even though it’s a day you wouldn’t typically be required to work.
2. Intermittent FMLA Leave
   When FMLA leave is taken intermittently (meaning you’re using it in shorter blocks, such as individual days or part-days, across an extended period), holidays generally do not count against your FMLA leave unless you were already scheduled to take leave on that holiday. For instance, if you’re on an intermittent FMLA schedule, taking one day off per week for a series of treatments, and a holiday occurs on one of your non-FMLA workdays, that holiday won’t be deducted from your available FMLA hours.

How FMLA Hours are Calculated

For employees with regular schedules, FMLA leave is typically measured in terms of weeks. However, for part-time or variable-hour employees, FMLA leave is calculated based on the average hours worked in a week. So, if you have an irregular schedule, the calculation will be based on your average weekly hours over the last 12 months.

Special Cases: State Laws and Company Policies

While FMLA provides a federal baseline, some states have their own family and medical leave laws with expanded protections. Certain states may have guidelines that more clearly outline holiday policies, or even offer additional leave on top of federal FMLA. Additionally, companies may have internal policies that align with, or go beyond, FMLA requirements. It’s always worth reviewing your employee handbook and checking with HR if you have questions specific to your situation.

Tips for Planning FMLA Leave Around Holidays

If you’re planning to take FMLA leave during a holiday-heavy season (like late December), it’s worth taking a moment to understand exactly how these holidays will impact your available leave.

• Plan your FMLA schedule ahead of time: This can help you ensure you’re maximizing your available FMLA leave and not unnecessarily counting holidays as leave days.
• Coordinate with HR: Your HR team can help clarify any specifics related to your company’s policies.
• Consider state-specific protections: In some cases, additional state laws may give you more flexibility.

Conclusion

Company holidays will generally count as FMLA leave days if you’re on continuous leave, but not if you’re taking leave intermittently. By understanding the basics and checking with HR, you can ensure you’re getting the most out of your FMLA benefits while minimizing any confusion around holidays. Knowing how it works around holidays can help you use it to your best advantage. For additional information on the Family and Medical Leave act, refer to the Department of Labor website or contact an employment attorney.

See Also:

• Does Back Pain Qualify as a Disability?
• When Your Employer Can Ask For A Doctor’s Note

Disclaimer: This article is intended for informational purposes only. It provides general information and is not intended and should not be construed as professional advice. The author is not your attorney, accountant, financial planner or any other professional and no professional-client relationship is created. We do not represent that the information provided is accurate or up-to-date as laws and regulations are always changing. If you have an issue that requires professional help, you should contact the appropriate professional to help you on your specific set of facts. Please read the Terms and Conditions for additional information.