If an employee returns to work on a day following a paid holiday after an approved un-paid leave should he/she be paid for the holiday?

The answer to this question is related to two factors: whether the leave was FMLA or non-FMLA and if the holiday and the first work day were in the same payroll week. In the case of FMLA approved leave the time away from work is not considered an absence. If an employee is off on FMLA for the entire payroll period the holiday payment is not required. If the employee works part of the payroll period, he/she should be paid for the holiday. If the holiday and the first work day are in different pay periods the employee is not entitled to holiday pay. If the leave was not FMLA, the holiday pay is not required.


Hope that helps you out. =)


A note about HR laws:
Laws concerning employee treatment, benefits, hiring and firing…etc are multi-level. What this means is that there are Federal laws, state laws and sometimes local regulations that have jurisdiction over an employee. The information presented here should not be considered legal advice. Ultimately, employers with serious legal questions should consult local attorneys with expertise in worker relations.
The questions and answers presented here are based on research and data from internet sources and should not be considered the final word.

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