DOL Clarifies How Holidays Impact Partial Weeks Taken Under FMLA

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:

1. Whether the employee took a partial week off under the FMLA and
2. 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.