Q: Does my employer have to pay me holiday pay if I'm on leave under FFCRA?
I'm currently on leave under the FFCRA or expanded FLMA. Labor day fell during my leave and my employer is refusing to pay me for it and won't explain why. All I've been told is that they have less than 50 employees so they didn't have to participate in offering FMLA, and I should be thankful they offer anything. Which I am. But if they participate in the program shouldn't they follow all the guidelines?
A:
Hi. Under the FFCRA, an employer with fewer than 500 employees is required to offer up to two weeks (80 hours) of paid sick leave at the employee's regular rate of pay if you are quarantined, or, at two-thirds your regular rate of pay if you are unable to work to care for a child whose school or daycare is shut down due to covid-19. They are only eligible for the "under 50 employees" exception if the above leave requirements would jeopardize the viability as a going concern.
To answer your question, they aren't required by law to pay you holiday pay for Labor Day. They are required to pay you for up to 80 hours while you are on leave, at either full pay or 2/3s pay depending on your situation, unless they can show it would jeopardize their business. I would reach out to an employment law attorney in your state if you are interested in further exploring pay for your FFCRA leave.
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