The U.S. Department of Labor’s (DOL) Wage and Hour Division has issued a new opinion letter, FMLA2026-2, clarifying how to calculate leave usage under the Family and Medical Leave Act (FMLA) when an employer shuts down operations for less than a full workweek due to unscheduled events, such as inclement weather. The letter explains how partial-week closures interact with both intermittent and full-week FMLA leave, and it reinforces prior guidance regarding holidays and full-week shutdowns. These clarifications have immediate implications for leave tracking, payroll coordination, and policy administration.

• When an employee is using less than a full week of FMLA leave, hours that fall during a partial-week closure do not count against the employee’s FMLA entitlement unless the employee is scheduled and expected to work during the closure and actually uses FMLA leave for that time.
• When an employee is on a full week of FMLA leave, a partial-week closure does not change the calculation; the full week still counts as FMLA leave.
• The calculation of FMLA leave usage is not affected by whether the closure was planned or unplanned, or the reason for it.

The FMLA provides eligible employees with up to twelve weeks of leave in a twelve‑month period, measured in “workweeks.” FMLA leave may be taken continuously, intermittently, or on a reduced schedule, but employers may not reduce employees’ FMLA leave entitlement beyond the amount of leave actually taken. These core principles...

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