Do you still get paid holidays on FMLA? This is a common question among employees who are on Family and Medical Leave Act (FMLA) leave. The FMLA is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons. While the primary focus of the FMLA is to ensure that employees can take time off without losing their jobs, the issue of paid holidays during this leave often arises. This article aims to shed light on this topic and provide clarity on whether employees on FMLA are still entitled to paid holidays.
The Family and Medical Leave Act (FMLA) was enacted in 1993 to provide employees with the opportunity to take time off from work to care for family members or themselves without the fear of losing their jobs. The law applies to employers with 50 or more employees and covers employees who have worked for the employer for at least 12 months and have worked at least 1,250 hours during the previous 12 months. Under the FMLA, eligible employees can take leave for the following reasons:
1. The birth of a child and to care for the newborn child.
2. The placement of a child for adoption or foster care and to care for the newly placed child.
3. To care for a spouse, child, or parent with a serious health condition.
4. To take medical leave when the employee is unable to work due to a serious health condition.
While the FMLA guarantees job protection and the right to return to the same or an equivalent position, it does not require employers to pay employees during their leave. This means that, by default, employees on FMLA are not entitled to paid holidays. However, there are some exceptions and considerations to keep in mind:
1. Paid Leave Policies: Some employers may have their own paid leave policies that allow employees on FMLA to receive paid time off, including paid holidays. If an employer has such a policy, employees on FMLA may still receive paid holidays as per the company’s guidelines.
2. Union Contracts: Employees who are covered by a union contract may have additional protections regarding paid holidays during FMLA. Union contracts often outline specific provisions for paid leave, including paid holidays, which may apply to employees on FMLA.
3. State Laws: Some states have their own family and medical leave laws that may require employers to provide paid leave, including paid holidays, during FMLA. In such cases, employees on FMLA may be entitled to paid holidays under state law.
4. Voluntary Pay: In some instances, employers may choose to voluntarily pay employees on FMLA for paid holidays, even if it is not required by federal or state law. This is a compassionate and commendable practice that can be beneficial for employees during their leave.
In conclusion, whether employees on FMLA are still entitled to paid holidays depends on various factors, including the employer’s paid leave policies, union contracts, state laws, and the employer’s voluntary decisions. While the FMLA itself does not guarantee paid holidays, employees should consult their employer’s policies and state laws to determine their rights regarding paid holidays during FMLA leave.
