.webp?width=1200&height=800&name=fmla-and-holidays%20(1).webp)
When the holidays roll around, employers often have more on their plates than potlucks and PTO requests. If you have employees on leave, one big question tends to come up: Do holidays count toward FMLA? And, just as importantly — how does FMLA holiday pay work?
The Family and Medical Leave Act (FMLA) already comes with strict compliance requirements, and the addition of holidays can make recordkeeping even trickier. This guide clears up the confusion so you can confidently manage FMLA and holiday pay while keeping your policies compliant and consistent.
RELATED: Unraveling the FMLA in Uncommon Situations >>
The short answer is that it depends on the increments of time for which the employee is taking his or her 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.
Example: An employee takes FMLA leave from Monday through Sunday, and Thursday is Thanksgiving. Because the employee is on leave for the entire workweek, Thanksgiving Day still counts toward their FMLA entitlement.
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 >>
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.
Another common question: Are employees on FMLA leave entitled to holiday pay?
The short answer — it depends on your company’s 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:
Clear communication and consistent application of your leave policies are key to staying compliant.
Understanding the nuances of FMLA and holiday pay can be challenging — especially during the busy holiday season. Axcet HR Solutions simplifies compliance by helping small and mid-sized businesses navigate FMLA leave management with confidence.
As a certified professional employer organization (CPEO) headquartered in Kansas City, Axcet’s team of certified HR consultants provides hands-on support — ensuring your business remains compliant with both federal and state leave laws.
Get peace of mind this holiday season. 👉Schedule a Consultation with Axcet’s HR Experts >>
It depends. If an employee is on FMLA leave for an entire workweek, holidays that fall during that period do count toward the employee’s FMLA entitlement.
If the employee is taking intermittent or partial FMLA leave, holidays don’t count toward FMLA unless the employee was scheduled and expected to work on that day.
Typically, employees on unpaid FMLA leave are not entitled to holiday pay, unless your company policy provides otherwise. However, if the employee is using paid leave, such as vacation or PTO, that overlaps with a holiday, they may still qualify for holiday pay on FMLA.
If your company closes for an entire week or longer—such as between Christmas and New Year’s—those days don’t count toward FMLA leave, since no one is expected to report to work during that time.
Yes, but policies must be applied consistently within each employee category. For example, if salaried employees receive holiday pay on FMLA leave when they use paid vacation, the same rule should apply to all salaried staff. Consistency reduces compliance risk.
Start with a clear, written FMLA and holiday pay policy that outlines how leave is tracked and how pay is handled during holidays. Partnering with a certified professional employer organization (CPEO) like Axcet HR Solutions gives small businesses access to certified HR consultants who handle FMLA HR compliance, payroll coordination, and employee communication—so you stay compliant and confident year-round.
.png){kind=logo}
-1.webp)
Let us know what you think...