FMLA Question

[Guest rbk08]

Hi - I wasn't sure where to post this question. Is there a better place to go to for questions regarding FMLA and MMLA?

Here is my question.

If we have someone going out on FMLA and there is a holiday coming up, how does that count towards the leave? For example, we are a Jewish institution and are closed for a 2 week period for Passover starting next Monday. We have someone going on FMLA leave sometime this week. How do we count the holiday time? Is it included as part of the alloted time off, but it is paid because we pay for holidays? Or is it not counted at all as a part of leave meaning that she can use an additional 2 weeks of leave after the holiday break?

Any other helpful tips would be much appreciated as we are new at this FMLA thing.

Thanks!

[oriecat]

29 CFR 825.200

http://www.dol.gov/dol/allcfr/ESA/Title_29...9CFR825.200.htm

(h) For purposes of determining the amount of leave used by an

employee, the fact that a holiday may occur within the week taken as

FMLA leave has no effect; the week is counted as a week of FMLA leave.

However, if an employee is using FMLA leave in increments of less than

one week, the holiday will not count against the employee's FMLA

entitlement unless the employee was otherwise scheduled and expected to

work during the holiday. Similarly, if for some reason the employer's

business activity has temporarily ceased and employees generally are

not expected to report for work for one or more weeks (e.g., a school

closing two weeks for the Christmas/New Year holiday or the summer

vacation or an employer closing the plant for retooling or repairs),

the days the employer's activities have ceased do not count against the

employee's FMLA leave entitlement. Methods for determining an

employee's 12-week leave entitlement are also described in Sec.

825.205.