Calculating FMLA Leave- Holiday Edition
The Department of Labor (“DOL”) issued an opinion dated May 30, 2023, relating to calculating the amount of leave an employee uses when taking a leave under the Family and Medical Leave Act (“FMLA”) during a week with a holiday. Generally, employees may take up to 12 weeks of unpaid leave in a 12-month period without risking losing their job. In some instances, employees may take their FMLA leave intermittently, such as working shorter days or weeks.
The DOL advised that the employee’s normal workweek is the basis of the employee’s leave entitlement. If a holiday falls during the week when an employee takes a full workweek of FMLA leave, the full week is counted as FMLA leave. If a holiday falls during the week and the employee takes some FMLA leave, but also works some hours, then the holiday is not counted as FMLA leave, unless the employee would have been scheduled and expected to work on that holiday.