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  1. #1
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    Default Maternity Leave/FMLA Leave question

    Does anyone know if you are on leave under FMLA and a regular holiday occurs during your leave, does your company have to pay you for that holiday?

    I'm a salaried employee in a company that falls under FMLA. I will be on leave over the Thanksgiving holiday. Does my company have to pay me for that holiday since it is normally a paid holiday, or doesn't it matter because I'm on unpaid leave?

    I think I know the answer, but just curious.

  2. #2
    Gena's Avatar
    Gena is offline Emerald level (3000+ posts)
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    What does it say about holiday pay in your employee handboook?

    Every company I have worked for has stated that in order to be paid for the holiday, you need to be paid for the day before or the day after the holiday. Meaning that you must either work one of those days or be on a paid day off (ie vacation day, sick day, paid disability leave). So in that case, an employee on unpaid leave would not be paid for the holiday.
    Gena

    DS, age 11 and always amazing

    “Autistics are the ultimate square pegs, and the problem with pounding a square peg into a round hole is not that the hammering is hard work. It's that you're destroying the peg." - Paul Collins, Not Even Wrong

  3. #3
    lowrioh's Avatar
    lowrioh is offline Sapphire level (2000+ posts)
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    Quote Originally Posted by Gena View Post
    What does it say about holiday pay in your employee handboook?

    Every company I have worked for has stated that in order to be paid for the holiday, you need to be paid for the day before or the day after the holiday. Meaning that you must either work one of those days or be on a paid day off (ie vacation day, sick day, paid disability leave). So in that case, an employee on unpaid leave would not be paid for the holiday.


    If you have any paid leave, you might be able to use those hours for the day before or after the holiday. My co-worker had 4 or 5 paid days saved up and used them instead of unpaid leave around the holidays in order to get them to be "paid" days.
    Last edited by lowrioh; 03-08-2011 at 01:12 PM.
    ___________________________________
    Mother to DD-A July 2008
    and DD-B-November 2010

  4. #4
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    Yes, but only during the part of your leave that's "sick leave," which is 6 weeks for a vaginal delivery and 8 weeks for a c-section. At least that's how it was explained to me at work. I was out from Oct. 28-Jan. 24 and got paid for Thanksgiving and Christmas but missed NY's because it was beyond the 8 weeks.
    Boy (4/03) -- Girl (12/05) -- Boy (11/10)

  5. #5
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    We don't have the stipulation that you must have paid days before or after holidays (my previous employers did) and that is what made me question it. However, I just found that our holidays are not paid if you are on a Leave of Absence (paid or unpaid).

  6. #6
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    May 2010
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    Holidays are paid through STD disability but are not 'additional' - Thanksgiving would just be another day like Monday would be. You do not get paid holidays under FMLA they count as normal days so vacation would have to cover those days as well.


    DD1 MiniMoo 11/10
    DD2 MiniMoo2 9/13

    “I have certain rules I live by. My first rule I don't believe anything the government tells me. and I don't take very seriously the media, or the press, in this country." - George Carlin

  7. #7
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    DD was born the week before Thanksgiving. I did not get paid for the Thanksgiving, Christmas, and New Year's holidays as they all fell during my 8 wks of (paid) mat leave. During that time, I was on an "unpaid" status. I had to be in a paid status to get paid for a holiday, so I either had to be using vacation or sick time the day before.

    ETA: I should clarify that I got paid for the holiday b/c it fell during my co paid mat leave. But I did not get to extend my leave by that number of days, or bank them in any way.
    mommy to DS who is 9
    DD who is 6
    and my girl in heaven

  8. #8
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    Jul 2009
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    I took off Labor day until after New Years. I had to use a "sick day" for Labor Day (as part of my 5 day roll into STD) and then had to use my vacation time for Thanksgiving. I was unpaid for both Xmas and New Years. I think companies can make exceptions but the law does not require them to paid for holidays while on leave.

  9. #9
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    At my old company, it depends if you are on your paid STD at the time or your unpaid FMLA.
    Mom to DD 7/06, DS1 8/08 & DS2 9/11!

  10. #10
    barkley1 is offline Platinum level (1000+ posts)
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    At my company, while I was on unpaid leave, I assume I didn't get paid for holidays....BUT, the cool thing was that the holidays didn't count towards my time, so I got that many more days to stay at home. Also, the whole time I was on unpaid leave, I was accruing vacation. *Sweet*!

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