Employer denying holiday benifits under FMLA?

[jagermeister]

I'm currently taking part in FMLA. One of the stipulations my company has is that employees using FMLA must use all there PTO (paid time off) except for 40 hours. I've heard this is common.

I had a lot of PTO built up and am currently using it as per my company's regulations. However, my employer is saying that they won't give me holiday pay (Christmas and New Years) and that I must use my PTO instead.

Now, if I were simply taking an extended vacation using all my PTO, I'd get holiday pay. However, since I'm under the FMLA and using my PTO, I'm not going to get paid my holiday pay. Is this legal? It certainly isn't fair.

Thanks

 

[cbg]

Since I've seen this question already answered for you at least twice already, I'm declining to do so still again.

 

[jagermeister]

Yep, thanks for your other answers. I wanted a variety of opinions on the matter so I posted in a variety of law forums. Didn't realize the same people would be visiting them all.

 

[cbg]

Yep, I post on half a dozen forums and there isn't a single one where I don't see several someone else's responding that I know from some of the others.