DOL Clarifies Family and Medical Leave Act Calculations Around Holidays

On May 30, 2023, the Department of Labor issued an opinion letter to clarify how FMLA should be calculated for weeks containing holidays. Miscalculations may lead to significant legal ramifications. The following rules apply:

• If the employee worked some part of the week containing the holiday, the holiday does not count in the calculation of the leave.

• If the employee used the entire week containing a holiday as FMLA leave, the holiday does count as a leave day.

FMLA applies to employers with 50 or more employees and allows up to 12 weeks of unpaid leave each year for any of the following reasons:

• For the birth and care of the newborn child of an employee;

• For placement with the employee of a child for adoption or foster care;

• To care for an immediate family member (i.e., spouse, child, or parent) with a serious health condition; or

• To take medical leave when the employee cannot work because of a serious health condition.