A new opinion letter from the U.S. Department of Labor (DOL) clarifies how employers are supposed to calculate leave under the Family and Medical Leave Act (FMLA) when it's taken during a week that includes a holiday. The holiday does not count against an employee's FMLA entitlement if the employee works part of that week, the May 30 opinion letter explains.
The FMLA guarantees employees unpaid, job-protected leave for 12 workweeks in a 12-month period.
Workers can take FMLA leave intermittently, working shorter days or shorter weeks. It doesn't have to be continuous leave. For an employee who normally works 40-hour weeks, intermittent FMLA leave could be up to 480 hours per year.
If a holiday falls during a week when an employee takes a full workweek of FMLA leave, then a full week is counted as FMLA leave. However, if a holiday falls during a week when an employee works some hours and takes some FMLA leave, the holiday is not counted as FMLA leave, unless the employee was normally scheduled and expected to work on that holiday.
For example, if Memorial Day falls on Monday, and Dan is out on FMLA for that entire week because of a broken hip, then the employer should count one week, or 40 hours, of FMLA leave taken. If Mary works on Tuesday, but takes FMLA leave on Wednesday, Thursday and Friday due to her migraines, then the employer should count 3/5 of a week, or 24 hours, of FMLA leave taken. That's assuming Mary typically works 40 hours per week and she's not normally...
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