FMLA Opinion Letter Addresses Holidays

Volume: 22 | Issue: 22
May 30, 2023

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. 

KZA Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.

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