Do Holidays Count Against My FMLA?

Introduction

A common frustration: You are on FMLA for 2 weeks over the holidays. Do you get those holidays back?

The "Whole Week" Rule

• **Full Week Absence:** If you are out for the **entire week** in which a holiday falls, the holiday **HAS** counted as FMLA leave. The week is counted as a full week of FMLA.
• **Partial Week:** If you work part of the week and take FMLA for part of the week, the holiday does **NOT** count as FMLA leave (unless you were specifically scheduled to work the holiday).

Why Does It Matter?

If your employer closes for 2 weeks in December: - If they close for *everyone*, those weeks generally should **not** count against your FMLA entitlement.

Conclusion

FMLA counts the time you *would have been required to work*. If the office is closed for a holiday, you usually shouldn't burn FMLA hours for it unless you're out the whole surrounding week.

*LEGAL DISCLAIMER: The information provided on this website is for general informational purposes only and is not intended to be legal advice.*