FMLA TIME CALCULATION DURING THE HOLIDAYS
It’s that time of the year again… No not the shopping crush (although it’s that as well!), but the time that drives all businesses, their Human Resources Departments or office administrators crazy… the Holidays and employees being out on FMLA. Most employers will make mistakes in properly calculating how to track FMLA time during the Holidays. The rules can be complex and innocent errors are just around the corner. Don’t get caught being the Holiday Grinch as it relates to properly crediting FMLA leave time during the Holidays.
While I am sure your employees never call in sick (cough cough) during the Holiday season, here is a quick compliance reminder about how employers should calculate FMLA leave as we head into Christmas, winter break and the New Year:
How to Calculate FMLA During a Holiday Week: Since we just passed Thanksgiving, lets look at time off on Christmas Day. If an employee gets Christmas Day (or the day after Christmas) as a paid company holiday, and then takes the entire rest of the week off as FMLA time, the employer should count the entire workweek as one full week of FMLA time used. The same reasoning applies if the holiday occurred on any other day of the workweek and the employee was otherwise absent for the remainder of the week.
However, if an employee works any part of the workweek (i.e. works on Monday and then takes the rest of the week off, including Christmas day and the day after Christmas on FMLA), the employer can not count the Holiday time as FMLA leave.
How to Calculate FMLA During a Plant Shut Down or School Break: If an employer shuts down operations for the entire Christmas Week or if a school/university closes down for winter break, the rules are fairly clear. If for some reason the employer’s business has temporarily closed down and employees are generally not expected to work for one or more weeks, (i.e. schools closing down for two weeks at winter break or summer vacation or the employer closes the business for retooling or remodeling or repairs) the days the employer’s activities have ceased do not count against FMLA entitlement. In these types of situations, the regulations do not allow and employer to count this “downtime” against an employee’s FMLA leave since there would have been no work for the employee to perform.
With over 33 years’ experience in advising employers and employees on workplace issues, let Boznos Law work with you to ensure you are ready to meet the challenges posed by the changes to the employment laws. Call Bill Boznos today at (630) 375-1958 or contact us at www.boznoslawoffice.com/contact-us through our website.