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Paid Holidays on FMLA?

Discussion in 'Medical Leave & Disability' started by lda01, Mar 12, 2013.

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  1. Mar 12, 2013 #1
    lda01

    lda01 Law Topic Starter New Member

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    I feel rather silly asking such a really basic question, but the question was raised recently and have not found specific answer to it.

    Our policy is to not pay holidays to an employee on an unpaid leave. Do we have to pay holidays to someone on FML if they have no paid leave available?
    Thanks
    lda
     
    lda01, Mar 12, 2013
    lda01, Mar 12, 2013
    #1
  2. Mar 12, 2013 #2
    cbg

    cbg Super Moderator

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    You only have to treat employees on FMLA the same as you treat employees on other forms of leave. So if you don't pay employees on non-FMLA leave for holidays, you don't have to pay employees on FMLA leave.
     
    cbg, Mar 12, 2013
    cbg, Mar 12, 2013
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  3. Mar 12, 2013 #3
    Betty3

    Betty3 Super Moderator

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    Agree, FMLA should be considered "invisible" re the employee. The employee is to be treated just as any other employee would be treated who is on non-FMLA leave during holidays.
     
    Betty3, Mar 12, 2013
    Betty3, Mar 12, 2013
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  4. Mar 12, 2013 #4
    lda01

    lda01 Law Topic Starter New Member

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    Thanks Honorable Scholar cbg and Justice Betty. That's what I'd understood, but an employee was arguing that "same as other (non-FML) employee" meant "same as working".
    Appreciate the clarification
    lda
     
    lda01, Mar 12, 2013
    lda01, Mar 12, 2013
    #4
  5. Mar 12, 2013 #5
    Elle

    Elle New Member

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    Nice try, but no.
     
    Elle, Mar 12, 2013
    Elle, Mar 12, 2013
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  6. Mar 12, 2013 #6
    cbg

    cbg Super Moderator

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    Tell your employee that I have that information straight from the DOL - a few years back I had someone who wouldn't believe me until they heard it straight from the source.

    So I got the source on the phone for them. :roflmao:
     
    cbg, Mar 12, 2013
    cbg, Mar 12, 2013
    #6
  7. Mar 12, 2013 #7
    army judge

    army judge Super Moderator

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    People never cease to amaze me.

    They beg their way through their pathetic lives and wonder why they get nowhere.

    Look at dogs, nice creatures, but begging hasn't done well by them.
     
    army judge, Mar 12, 2013
    army judge, Mar 12, 2013
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