Q. When determining the amount of leave an employee has used, do holidays count against the 12-week entitlement under theor the California Family Rights Act (CFRA)?
A. Under federal and state law, holidays that fall during a leave normally do not provide more time off. According to the, “the fact that a holiday may occur within the week taken as has no effect; the week is counted as a week of FMLA leave.”
However, if for some reason the employer’s business activity has temporarily ceased and employees are not expected to report to work for one or more weeks (e.g., for maintenance shutdowns or seasonal closures), this time should not be counted against the employee’s leave entitlement. This is true even if the employee was on leave before the closure period began and after it ended.
- Does the FMLA apply when an employee has to care for a child she isn't related to?
- Abused employee: Give her FMLA or let her go?
- FMLA eligibility: How serious is that serious health condition?
- Alert managers: No 'magic words' needed to request FMLA
- Must we grant FMLA leave for employee to provide care to her niece?