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How to Calculate FMLA Leave When a Holiday Falls in a Week

An important part of compliance is to correctly count the number of days that an employee is entitled to take when they qualify for the Family and Medical Leave Act (FMLA). To help employers, the DOL just released an Opinion Letter that gives employers clear guidance on how to calculate FMLA entitlement under the FMLA during a week with a holiday. FMLA2023-2-A

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. For example, an employee who works Monday through Friday and takes leave for a week that includes the Fourth of July on Tuesday would use one week of leave and not 4/5 of a week.

However, when a holiday falls during a week when an employee is taking less than a full workweek of FMLA leave, 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. This guidance has been consistent since the first days of the FMLA.

There is a question of whether the employee taking leave during a week that includes a holiday is using a fraction of the employee’s usual workweek (a workweek without a holiday), or if the employee is using a fraction of a reduced workweek (the employee’s usual workweek less one day due to a holiday). A May 2023 DOL FMLA Opinion Letter answers this question.

Under the FMLA, the employee’s normal workweek is the basis of the employee’s leave entitlement. If a holiday occurs during an employee’s workweek, and the employee works for part of the week and uses FMLA leave for part of the week, the holiday does not reduce the amount of the employee’s FMLA leave entitlement unless the employee was required to report for work on the holiday. 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). Accordingly, for an employee with a Monday through Friday workweek schedule, in a week with a Friday holiday on which the employee would not normally be required to report if the employee needs FMLA leave only for Wednesday through Friday, the employee would use only 2/5 of a week of FMLA leave because the employee is not required to report for work on the holiday. However, if the same employee needed FMLA leave for Monday through Friday of that week, the employee would use a full week of FMLA leave despite not being required to report to work on the Friday holiday.

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