Legal Question in Medical Leave in Ohio

holiday & bereavement pay while on FMLA

My husband was out on FMLA over the Thankgiving holiday. His grandmother also passed away while he was off. Had he been working, he would have been paid 100% for the holiday, and 100% for 3 bereavement days. He instead was paid 60% disability pay. His doctor released him from care on 12/23. However, with Monday being Christmas, he didn't return to work until Tuesday. Not only did they not pay him for the holiday, he's not even getting his 60% disability pay for it. My understanding from reading on the dol.gov website is that he should be entitled to any and all benefits that he would have been given if he had been working during that time. Am I wrong in thinking he is owed some pay? Any suggestions on approaching it with HR?


Asked on 1/05/07, 12:49 pm

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: holiday & bereavement pay while on FMLA

Under the FMLA you are entitled to all of the benefits to which you would have been entitled had you been actively employed. In approaching HR about this situation, it is generally considered that the best tact is straightforward but with deference to the fact that they are the employer. This means that it is usually a bad idea to go in and start demanding things. Rather, I would suggest that you go to HR and tell them that you are uncertain as to how this should be handled, outline your situation and tell them what you read. Then leave it to them to respond to you.

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Answered on 1/05/07, 1:32 pm


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