March 2017
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California Employers Association - The California Employer's Report. The Information Newsletter for Today's Employer
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In This Issue:
•   A Message From Kim...
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•   Counsel's Corner: How to Comply With E-Verify Requirements
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•   Trainer's Tips: Ten Trillion Gallons of Rain
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•   Holiday Pay & Employee’s on a Leave of Absence
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•   Employee Entitled to Same Position Upon Return From FMLA?
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•   Name-Calling or Religious Harassment?
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•   Pay for Training Time Overview
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•   Requiring Medical Documentation From Employees
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•   Tips for Shortening Your Hiring Cycle
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Features

March Events


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•   Employer Resources
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•   About Us
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Holiday Pay & Employee’s on a Leave of Absence

Your company offers standard paid holidays to its employees. If one of those holidays falls during a period of time when an employee is out on unpaid Family and Medical Leave Act (FMLA) leave, do you have to pay the employee for that holiday?

Answer: Good news for employers. Whether you need to pay for the holiday depends on your company's policies and practices with respect to other forms of unpaid leave. Specifically, your company needs to treat unpaid FMLA leave the same as other forms of unpaid leave. If employees at your company who are on unpaid leave for non-FMLA reasons are paid for intervening holidays, then so should employees who are on unpaid FMLA leave.

The applicable U.S. Department of Labor regulation provides:

"An employee's entitlement to benefits other than group health benefits during a period of FMLA leave (e.g., holiday pay) is to be determined by the employer's established policy for providing such benefits when the employee is on other forms of leave (paid or unpaid, as appropriate)."

Your company's FMLA and other leave policies should be clear on whether intervening holidays will be paid. It is always a good idea to have qualified employment or benefits counsel review all company policies regarding paid and unpaid leave, not just FMLA leave policies.

This article may spur you to review your employee handbook. When is the last time you had CEA review your handbook?  Give us a call and let us help you communicate all of your policies clearly and accurately to your employees. 

Source: CEA HR Answers Now 29 C.F.R. §825.209(h).

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The California Employer's report is an opinion and discussion magazine for CEA membership. Opinions expressed by authors are their own, and not necessarily those of CEA. CEA reserves the right to edit all contributions for clarity and length, as well as reject any material submitted.

This report is intended to inform employers of current development in labor law and employer/employee related issues. It is not intended to provide legal advice to deal with subjects addressed in this edition. Information is gathered from sources believed to be reliable. CEA, however, cannot be responsible for its accuracy.

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DISCLAIMER: The Employer’s Report is educational and information in nature, and not intended as legal, expert or other professional advice, or as any form of recommended minimum standard or best practice. The accuracy and appropriateness of the information presented herein is dependent upon the actual facts and circumstances in each particular situation, all (facts and circumstances) of which are unknown to CEA. As such, CEA DOES NOT CERTIFY OR GUARANTEE THE ACCURACY OR APPROPRIATENESS OF THE INFORMATION OR IDEAS PRESENTED HEREIN, AND DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. CEA does not endorse, nor has it accredited, certified or approved any of the persons or entities providing materials herein. Users are advised to carefully review the ideas and information presented herein with qualified human resources and legal advisors prior to acting upon or implementing said ideas and information.
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