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Do Holidays Count Towards FMLA?
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Do Holidays Count Towards FMLA? FMLA Holiday Pay Explained

By Mackenzie Miller on Apr 23, 2025
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HR compliance specialist at Axcet answers common FMLA and holiday pay questions.

When the holidays roll around, employers often have more on their plates than office potlucks and PTO requests. If you have employees on leave, one big question tends to come up: Do holidays count towards FMLA? And what about FMLA holiday pay?

Let’s clear up the confusion. In this post, I’ll walk you through what employers need to know about managing FMLA and holidays — including how to calculate leave time and whether holiday pay is required.

RELATED: Unraveling the FMLA in Uncommon Situations >>

Do Holidays Count Toward FMLA Leave Time?

The short answer is that it depends on the increments of time for which the employee is taking his or her FMLA leave.

When the Entire Week is FMLA Leave

If an employee is taking a full week of FMLA leave and a holiday falls during that time, the entire week counts as leave — even if the office is closed for the holiday.

However, FMLA leave can be taken in smaller increments than a week at a time. When that happens, the rules apply differently.

When FMLA Leave is Taken in Partial or Intermittent Increments

If an employee takes less than a full week of leave, or intermittent leave, the holiday is not counted against FMLA unpaid time off unless the employee was scheduled and expected to work on the holiday.

RELATED: FMLA Rules FAQs and Compliance Checklist >>

When the Business Closes for a Holiday Shutdown

If your business shuts down completely for a week or more (with no expectation of employees reporting to work), those days don’t count toward an employee’s FMLA entitlement.

This rule applies to holiday closures or any planned business shutdown.

holiday party pay

FMLA and Holiday Pay: Are Employees Entitled to It?

Holiday pay eligibility while on FMLA depends on your company’s leave policies.

If you typically require employees to work the day before and after a holiday to receive holiday pay, then an employee on unpaid FMLA leave may not qualify — unless your policy makes exceptions.

For example:

  • If an employee uses paid vacation or PTO around the holiday, they could still be eligible for holiday pay.

  • If they’re on unpaid FMLA leave, they likely won’t be paid for the holiday — unless your policy says otherwise.

Clear communication and consistent application of your leave policies are key to staying compliant.

HR Compliance Services from a Certified PEO You Can Trust

FMLA regulations can be confusing — especially around the holidays. But you don’t have to navigate them alone. Axcet HR Solutions provides expert HR compliance services as part of our full suite of PEO offerings.

As a certified PEO headquartered in Kansas City, we serve small to mid-sized businesses from coast to coast. Our clients receive hands-on support from certified HR professionals who understand the complexities of federal and state employment laws — and how to apply them the right way.

👉 Schedule a Consultation with Our HR Experts »

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Written by Mackenzie Miller

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