Original Date: December 10, 2018

As we approach the end of 2018, the HR department can be a very busy place.  Finishing open enrollment processing, working on the holiday party, adjusting the payroll processing schedules because of holidays, performance reviews, finishing training, adjusting compensation levels, etc.  The list can go on and on and never end.  Below is a brief HR checklist of reminders for 2019:

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3 Thoughts on FMLA Leave During the Holiday’s:

  1. “When a holiday occurs within a week in which an employee takes a full week of FMLA leave, the entire week is counted as FMLA leave.
  2. If, however, an employee is taking FMLA leave in increments less than one week, the holiday is not counted as FMLA leave—unless the employee was scheduled and expected to work on the holiday and used FMLA leave for that day.
  3. Company shutdowns of one or more weeks where employees are not expected to report to work, such as for the Christmas/New Year holiday, a summer vacation, or a plant closing for retooling or repairs, do not count against an employee’s FMLA leave entitlement.”[i]

Along with determining whether company holidays count towards the employee’s FMLA entitlement or if FMLA amounts should be on an intermittent or reduced schedule basis, we should also review requirements under state paid leave laws or state FMLA regulations.  State laws will vary on FMLA regulations and requirements, generally more strict than federal guidelines.  Over communicate the requirements and expectations to employees that are currently on federal or state leave(s).  Written communication is always the best for record keeping and legal defense.  If you are confused seek guidance.  Consistency between the workforce is the direction we should move as an organization.

Mandatory State Labor Law Poster Changes Effective January 2019

Federal Contractor and NYS changes highlighted in Red Bold.

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– Matthew Burr, HR Consultant

[i] https://www.shrm.org/ResourcesAndTools/hr-topics/benefits/Pages/three-points-about-FMLA-during-the-holidays.aspx

 

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