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Employment Law/OK Intermittent FMLA and compensation


I have an employee in Oklahoma on intermittent FMLA.  She was scheduled to work 7/3, 7/4, 7/7, 7/8.  She did work 7/3 and 7/4 but 7/7 and 7/8 took off for a funeral.  According to our handbook you must work your regularly scheduled shifts before, on and after the holiday to be paid holiday pay.  She was not paid for the holiday because she did not work her shift 7/7.  Her supervisor said we cannot deny her holiday pay because she is on intermittent FMLA.  My question is do we owe her the holiday pay because she is on FMLA?  And if on intermittent FMLA does she qualify for Bereavement on 7/7 and 7/8 if she was scheduled?

In cases where FMLA leave and holidays coincide, an employer must carefully consider its own policies regarding holiday pay. So, when a holiday falls during FMLA leave, an employer should pay (or not pay) for the holiday in the same way it would for comparable non-FMLA leave.

For example, an employer’s policy allows that employees will be paid for a holiday if they take paid vacation the day prior to the holiday, but will not be paid if the day before the holiday is taken as an unpaid leave day. Under these circumstances, the employer must pay an employee on FMLA leave who is substituting accrued paid leave for FMLA leave on the day before the holiday, but the employer need not pay the employee for the holiday if the employee is on unpaid FMLA leave only.

The same would be true of bereavement leave. If the policy says the employee is paid bereavement leave for the funeral than the employee on FMLA should be paid the bereavement leave.

In your case my best experience would say to pay the employee the bereavement leave, but she does not qualify for the holiday pay.

FMLA guarantees your job it does not guarantee the pay. The pay is issued to those on FMLA according to the policies set by the company for all employees.


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Shirley McAllister, CPP, PHR


I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).


30 years in Payroll and Human Resources

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