Takeaways

• The Department of Labor Wage and Hour Division recently released an opinion letter regarding calculation of hours of FMLA leave for individuals whose schedules include mandatory overtime and who may volunteer for additional hours.
• The opinion letter clarified that employers should calculate FMLA leave hours based on an employee’s actual, normally scheduled workweek — which includes any mandatory overtime hours and excludes any additional voluntary hours.
• Although the opinion letter restates fairly established principles of FMLA entitlement calculation, it provides helpful guidance for employers when calculating FMLA hours for employees who work non-traditional work schedules.

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Article

The U.S. Department of Labor (DOL) Wage and Hour Division issued a new opinion letter on Sept. 30, 2025, explaining the proper method to calculate the hourly equivalent of an employee’s available leave under the Family and Medical Leave Act (FMLA). Responding to a request for an opinion on how to calculate the number of hours of FMLA available to correctional law enforcement employees who work 12-hour shifts over two-week periods, including mandatory overtime hours, DOL said calculation should be based on the employee’s “actual, regularly scheduled workweek.”

The DOL’s guidance is helpful for all employers faced with calculating the hourly equivalent of an employee’s 12 weeks of FMLA leave.

The DOL considered the FMLA’s statutory text, which provides that eligible...

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