HR MATTERS E-TIPS
THIS WEEK’S E-TIP: FMLA Leave & Paid Holidays Q&A; Plus, New I-9 Form
Published by Personnel Policy Service, Inc.
"Your Policy and Compliance Experts Since 1972"
THIS WEEK’S E-TIP: FMLA Leave & Paid Holidays Q&A; Plus, New
If employees are on FMLA leave, are they entitled to receive pay for the
Christmas and New Years’ holidays? The answer depends on your
^^^^^^^^^^^^^^^^^^^^ New Online Version
Personnel Policy Manual System
HR Matters Tools & Resource Center
35 years, many of our subscribers have referred to the print and
CD versions of our Personnel Policy Manual as their “HR Policy
Now, we’ve gone one step further and developed the ultimate
policy and compliance solution:
version of the “HR Policy Bible”
supporting databases: research, newsletters, Q&A
legal documentation and HR best practices
and create a free
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
= = = = = = =
Special Notice: New Form I-9 Must Be Used By December 26,
The U.S. Citizenship and Immigration Services (USCIS), the
agency that enforces the employment verification
announced last week that employers must use the revised Form
later than December 26, 2007. (All employers must verify
that every new
employee is either a U.S. citizen or authorized to be
employed in the
U.S. by filling out the Form I-9, Employment Eligibility
each new employee. The form must be filled out within three
hire and retained for at least three years, or one year
after termination of
employment if that time period is longer.)
When the USCIS issued the new Form I-9 in last month, it
the revised form should be used for all individuals hired on
November 7, 2007. However, the agency also gave employers a
transition period during which you would not be penalized
for using the
old form. That transition period will end on December 26,
For your convenience, a copy of the
new Form I-9, marked in
right hand corner of the form as “Form I-9 (Rev. 06/05/07)
N,” is available
here. You also will find a copy of the revised USCIS
Employers, Form M-274, which explains the I-9 process in
includes questions and answers on filling out the form,
examples of the
acceptable documents, and a copy of the Form I-9.
THIS WEEK’S E-TIP: FMLA Leave and Paid Holidays Q&A
Q: We have two employees who will be on FMLA leave through the
first week in January. Are we required to pay these employees for the
Christmas and New Years’ Day holidays?
A: As a general rule, you are not required to allow employees to
continue to accrue seniority or any other benefits such as vacation,
leave, and holiday pay during an unpaid FMLA leave. (If the employees
are taking paid FMLA leave, for example because they are using paid
vacation or sick days, then the employee should continue to accrue
benefits such as paid time off and holidays just as they normally would
taking the paid vacation or sick time.) Thus, if you do not want your
employees to be eligible for paid leave during unpaid FMLA leave, your
leave, vacation, sick, and holiday pay policies should clearly state
As far as holidays go, the key issue is not just how holidays are
but whether your policies have any other eligibility requirements. A
permissible limiting requirement would be one that requires employees to
work the day before and after the holiday, unless they are on paid
vacation or sick leave.
So, for example, the model Leaves of Absence policy in the Personnel
Policy Manual (print, CD, & online versions), Chapter 703, Comment (7)
states: “Benefits that accrue according to length of service (such as
vacation, holiday, personal, and sick days) do not accrue during periods
of unpaid leave or during periods in which the employee receives
workers’ compensation or disability benefits unless otherwise
provided by the terms of the benefit plan document or policy.”
Similarly, the model
Holiday policy (free policy download) in Chapter
Comment (3) states: “To receive holiday pay, an eligible employee must
be at work or taking an approved absence on the work days immediately
preceding and immediately following the day on which the holiday is
observed. An approved absence is a day of paid vacation or paid short-
Both of these policies support the employer’s right to deny holiday pay
during an unpaid FMLA leave.
Of course, you also must implement your policy as it is written to
you are treating employees on FMLA leave fairly. So in the policy
language above, if you do not consistently deny holiday pay to
employees who have not worked the day before and after a holiday, you
should not deny holiday pay to employees on FMLA leave.
Subscribers to the
Personnel Policy Manual and HR Policy Answers on
CD can find model policies limiting the accrual of paid time off
FMLA leave in Leaves of Absence, Chapter 703, Comment (7); Vacation,
Chapter 502, Comment (4); and Holidays, Chapter 503, Comment (3).
For more information on accrual of paid time off during FMLA leave,
Leaves of Absence, Chapter 703, note 41.
Not a subscriber? If you would like to order one of our policy
If you have any questions, please call us at 1-800-437-3735. We'll
happy to help you.
^^^^^^^^^^^^^^^^^^^^^^^^ HR Policy & Compliance Resources ^^^^^^^^^^^^^^^^
Buy and download individual HR Policies for
immediate use in your
organization. Get complete policy development kits: Model Policy
language, Management Rationale background information, and
References for Legal Counsel documentation.
YOU CAN TRUST PPS
Information provided in HR Matters E-Tips is researched and reviewed
by the HR experts at Personnel Policy Service as well as employment
law attorneys. However, it is not intended as legal advice. Readers are
encouraged to seek appropriate legal or other professional advice.
Interested in using an article from HR Matters E-Tips on your Web site or
in a newsletter?
Please contact Robin Thomas, Managing Editor of Personnel Policy
Service, Inc., to request permission. You can contact her by email at
firstname.lastname@example.org or by
telephone at 1-800-437-3735.
Please note that the information in every issue of HR Matters E-Tips is
the original, copyrighted work of Personnel Policy Service, Inc., and is
protected under U.S. copyright laws. As such, you may not reprint or
publish in any format any article or portion of article from HR Matters E-
Tips without the express permission of Personnel Policy Service, Inc.
Remember, too, we encourage you to pass along any issue of the E-Tips
by forwarding it to friends and colleagues.
A note to advertisers:
Do you want to reach the human resources market?
Your message can be seen by over 55,000 HR professionals when you
sponsor an issue of HR Matters E-Tips.
Contact Elise Whitman at
or call toll-free 1-800-437-3735.
HR Matters E-Tips is a f-r-e-e service of Personnel Policy Service, Inc.
To subscribe, go to:
Personnel Policy Service, Inc. All Rights Reserved.
HR Matters is a registered trademark of:
Personnel Policy Service, Inc.
159 St. Matthews Ave., Suite 5, Louisville, KY 40222
Tel: 1-800-437-3735 - Fax: 1-800-755-7011
CONTACT US: email@example.com
FORWARD THIS ISSUE: We invite you to forward HR Matters E-Tips to
a colleague or friend.