The Department of Labor recently ramped up its Opinion Letter Program, issuing six in the beginning of 2026. The letters have focused on the core tenets of DOL regulation. Two of the letters examine issues under the Family and Medical Leave Act (FMLA).
In January, letter FMLA 2026-1, the question focuses on what happens when a school closes for a partial week when an employee was intending to use less than a full week of FMLA leave. For example, if the school was open for less than a full week due to a weather closure.
The Department of Labor notes that 29 CFR Section 825.200(H) addresses the calculation if the school is closed for a full week or longer. The DOL notes that the rule applies regardless of the length of time of the closure. The question to be assessed is whether or not the employee was otherwise required to work on the days of the closure. If so, then FMLA would count. If the employee had not been required to work, that leave is not FMLA.
The DOL goes on to note that if the employee had requested a full work week of FMLA, and if the school closed for less than a week, it would still be counted as a week of FMLA leave. Specifically stating, “In other words, if the employee was on FMLA leave for Monday through Friday of a week, but the school closed on Tuesday, the employee would use a full week of FMLA leave despite not being required to report to work on Tuesday.” The DOL goes on to state that a future makeup date does not...
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