Compliance with Family and Medical Leave Act (FMLA) provisions can present unexpected challenges for employers during holiday weeks, as cautioned recently by the Department of Labor (DOL). The cycling seasons of holidays and celebrations that are commonplace during fall and winter are often areas of FMLA misuse, particularly from habitual Friday/Monday FMLA users. Despite this, holiday weeks bring additional unique problems related to FMLA implementation.
Traditionally, Labor Day weekend has been viewed as the culmination of summer and the kickoff to a period of numerous holidays. However, employers who grapple with the consistent difficulty of FMLA usage are cognizant that holiday weeks are frequently susceptible to similar types of FMLA exploitation.
One potential pitfall associated with FMLA usage during holiday weeks arises when a holiday falls within an employee’s FMLA leave. The DOL’s regulatory stance, as outlined in a recent post by Steptoe & Johnson PLLC, clarifies that employers generally cannot count a holiday as FMLA leave, unless the employee was scheduled and expected to work on the holiday and took leave instead.
Employers should remain vigilant to this issue as the holiday season approaches, taking proactive steps to ensure FMLA guidelines are adhered to, thereby minimizing potential abuse.