| Issue: |
Alexandra and Carl both work in a large office that operates on a standard 40-hour workweek. Each year the office closes to celebrate Memorial Day, which falls on Monday, May 30, this year. Carl is recuperating from a serious auto accident and has been out on Family and Medical Leave Act (FMLA) leave since the beginning of the month; he is not expected to return to work until mid-June. Alexandra is taking FMLA leave on Friday, June 3, to be with her eight-year-old daughter who is having a tonsillectomy that day. Does Memorial Day count toward Alexandra and Carl’s total FMLA leave entitlements?
|
 |
|
Answer: |
If an employee takes a full week of FMLA leave and that week includes a holiday, the holiday will count against the employee’s FMLA entitlement. However, if an employee takes a partial week of FMLA leave during a week that includes a holiday, the holiday will not count against the employee’s entitlement if the employee would not otherwise have been required to report for work on that day. Thus, Memorial Day will not count toward Alexandra’s total FMLA leave entitlement, but it will count against Carl’s.
Source: 29 CFR 825.200(h).
|
