Implications for calculating FMLA leave

The FMLA regulations do not address bad weather office closures per se. However, guidelines can be inferred from the following provisions of the regulations:

  • In situations when the business is closed for a week or more and no employees are reporting to work, these closures would not count against the employee’s FMLA leave entitlement.
  • If the business is closed for a day or two, then apply the FMLA regulations relating to holidays. Under those rules, if the business is closed for a day or two during a week in which the employee is on FMLA leave, then the entire week would count against the employee’s FMLA leave entitlement.
  • If the employee is on intermittent FMLA leave, then only the days that the business is closed and the employee is expected to be at work would count against the leave entitlement.

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Posted in: HRvest
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