FMLA Opinion Letter Addresses Holidays

The U.S. Department of Labor (DOL) has issued an FMLA opinion letter addressing how to calculate the amount of leave used when an employee takes leave under the Family and Medical Leave Act (FMLA) during a week with a holiday.

Opinion Letter FMLA2023-2-A explains that when a holiday falls during a week that an employee is taking a full workweek of FMLA leave, the entire week is counted as FMLA leave. But when an employee takes FMLA leave for less than one full workweek, and a holiday falls during that week, the holiday is not counted as FMLA leave unless the employee was scheduled and expected to work on the holiday and used FMLA leave for that day. “Therefore, if the employee was not expected or scheduled to work on the holiday, the fraction of the workweek of leave used would be the amount of FMLA leave taken (which would not include the holiday) divided by the total workweek (which would include the holiday).”

If you have questions about this Opinion Letter, or the FMLA, please contact a KZA attorney. 

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