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Fmla and holiday pay

Discussion in 'Human Resources' started by txls, May 29, 2014.

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  1. txls

    txls Law Topic Starter Well-Known Member

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    Our holiday pay policy is as follows "Employees must work their regular scheduled work day before and after the holiday, in order to qualify for holiday pay.
    Unless you have prior approval by management to be off the day before and/or the day after a holiday, then holiday pay will not be allowed."

    The question is coming up now for someone who is out on FMLA. I think according to the way the policy is written we will have to pay holiday pay this time, since
    it is approved time off.

    Does anyone see a problem with rewriting the policy for the future to deny holiday pay to anyone on leave of absence, FMLA or otherwise?
     
  2. cbg

    cbg Super Moderator

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    As long as you are consistent between FMLA and non-FMLA leaves, and you specify exactly which leaves are affected, I don't see a problem.
     
  3. army judge

    army judge Super Moderator

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    FMLA has got to be one of the most confusing laws in the history of confusing federal lawmaking.
    It sets the expectation of the employee far too high.
    It is also extremely burdensome for the employer.
    In essence, another intrusive, unfunded federal mandate foisted upon producers and consumers.
     
  4. Betty3

    Betty3 Super Moderator

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    For another opinion - agree with cbg. I would see no problem in that case.
     

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