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FACT OR FICTION: Snow + Office Closed = FMLA Day

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That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.”

(Indeed, today, I’m so damn lazy, that I’m republishing a post from last year)

One of your employees is currently using FMLA leave. Today, due to the winter storm, you’ve decided to close the office. 

Do you still count today’s snow-induced office closure towards the 12 workweeks of FMLA to which your employee is entitled?

Answer: It depends.

  • If the employee would have otherwise taken the entire week off on FMLA leave, then today can be charged as an FMLA day just the same.
  • If, however, you employee is using FMLA leave in increments of less than one week, the snow day will not count against the employee’s FMLA entitlement, unless you expect that employee to come to work.

And, after you finishing shoveling today, dig this: Daniel Schwartz breaks down the wage-and-hour implications of today’s big snow. Plus, Christine Stoneburner on why today is not the day to use paid sick leave.