Do you get paid holidays while on FMLA? This is a common question among employees who are eligible for Family and Medical Leave Act (FMLA) benefits. The answer to this question can vary depending on the specific circumstances of the employee and their employer. In this article, we will explore the intricacies of FMLA and how paid holidays are typically handled during this period.
The Family and Medical Leave Act, enacted in 1993, 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 FMLA is to ensure that employees can take time off without the fear of losing their jobs, the issue of paid holidays during this leave period often arises.
Understanding FMLA Eligibility
Before delving into the question of paid holidays, it is essential to understand the eligibility criteria for FMLA. To be eligible for FMLA, an employee must have worked for their employer for at least 12 months, have worked at least 1,250 hours during the previous 12 months, and work for an employer with at least 50 employees within a 75-mile radius.
Paid Holidays During FMLA Leave
Whether an employee receives paid holidays while on FMLA depends on their employer’s policies and the terms of their employment contract. Here are some scenarios to consider:
1. Employer-Specific Policies: Some employers may offer paid holidays during FMLA leave as part of their standard benefits package. In such cases, employees can enjoy paid time off for holidays even while on FMLA.
2. Collective Bargaining Agreements: If an employee is covered by a collective bargaining agreement, the terms of their paid holidays during FMLA may be outlined in the agreement. Employees should refer to the agreement to determine their rights.
3. Individual Employment Contracts: In some cases, an employee’s employment contract may explicitly state whether they will receive paid holidays during FMLA leave. It is crucial to review the contract carefully to understand the terms.
4. Unpaid Leave: If an employer does not offer paid holidays during FMLA leave, the employee may be required to use their vacation or personal days to cover the holiday period. Alternatively, they may have to take the time off without pay.
Legal Protections
It is important to note that while employers are not required to pay employees during FMLA leave, they are prohibited from retaliating against employees who take FMLA leave. This means that an employer cannot deny an employee their job, demote them, or take any adverse action against them solely because they took FMLA leave.
Conclusion
In conclusion, whether you get paid holidays while on FMLA depends on your employer’s policies and the terms of your employment. It is crucial to review your employer’s FMLA policy, collective bargaining agreement, or employment contract to understand your rights and obligations. If you have any doubts or concerns, it is advisable to consult with your HR department or an employment attorney. Remember, the primary goal of FMLA is to provide job-protected leave for eligible employees, and understanding your rights can help you navigate this important aspect of your employment.
