On May 30, 2023, the Department of Labor (DOL) released an opinion letter clarifying how holidays impact FMLA. Whether the holiday time counts against FMLA depends on two factors:
- Whether the employee took a partial week off under the FMLA and
- Whether the employee was scheduled to work the holiday
Under the FMLA, eligible employees are provided 12 weeks of unpaid leave for their own or a family member's serious health condition, or certain family military service-related reasons. The employee's regular schedule, or work week, is the basis of the employee's leave entitlement. Where an employee typically works a 40-hour week, the employee is eligible for 12 40-hour weeks of FMLA, or 480 hours. Employees typically working 30 hours a week are eligible for 12 30-hour weeks of FMLA, or 360 hours. Employees are allowed to use FMLA in a single block, intermittently in smaller blocks or on a reduced schedule.
The DOL's opinion letter states that when an employee takes a full work week of FMLA and a holiday occurs during that work week, the entire week (including the holiday) is considered FMLA leave. However, where an employee elects to take less than a full work week of FMLA and a holiday occurs during that partial work week, the holiday is not counted as FMLA unless:
- The employee was scheduled to work the holiday and
- Used FMLA leave that day
The DOL stated that the guidance falls in line with its belief that in situations where less than a full work week of FMLA is taken, the employee's FMLA should only be subtracted by the amount of leave actually taken.
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