As we are in the heart of the holiday season, to avoid an unwanted gift from the Department of Labor, employers should ensure that they properly administer FMLA leaves taken during company holidays.

Determining whether company holidays count towards an employee’s FMLA entitlement depends on whether the employee takes leave for an entire week or on a lesser intermittent or reduced schedule basis.

When a holiday occurs within a week in which an employee takes a full week of FMLA leave, the entire week is counted as FMLA leave. If, however, an employee is taking FMLA leave in increments less than one week, the holiday is not counted as FMLA leave, unless the employee was scheduled and expected to work on the holiday and used FMLA leave for that day.

Company shutdowns of one or more weeks where employees are not expected to report to work, such as for the Christmas/New Year holiday, a summer vacation, or a plant closing for retooling or repairs, do not count against an employee’s FMLA leave entitlement.

Wishing you the best for the holiday season!

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Photo of David S. Mohl David S. Mohl

David S. Mohl is a principal in the Atlanta, Georgia, office of Jackson Lewis P.C. His practice consists of proactive and preventive advice and counsel, with an emphasis in the area of leave management, focusing on the Americans with Disabilities Act, Family and…

David S. Mohl is a principal in the Atlanta, Georgia, office of Jackson Lewis P.C. His practice consists of proactive and preventive advice and counsel, with an emphasis in the area of leave management, focusing on the Americans with Disabilities Act, Family and Medical Leave Act, paid sick leave and related leave statutes and policies.

David regularly defends claims involving discrimination, harassment, retaliation and contract issues in federal, state courts and in front of government agencies.