Family and Medical Leave Act (“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.  Calculating and keeping track of FMLA leave is tricky.

The US Department of Labor (“DOL”) provides guidance on various employment issues, including in a new opinion letter on how calculating FMLA leave when the employee takes it during a week that includes a holiday.  DOL says that the holiday does not count against an employee’s FMLA entitlement if the employee works part of that week. But, 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. Employers must heed their own designations of “work week.”  Further, some employees do not work 8-5 M-F office hours.  Make sure your FMLA calculation is based on the employee’s specific work schedule.

Things change.  Here at Epps & Coulson, LLP, our employment attorneys keep on top of matters for you.  We are ready to help you plan and grow.  Please feel free to contact Dawn at: for any questions.

Information contained in this Memo is intended for informational and educational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.  It is likely considered advertising.  Epps & Coulson, LLP encourages you to call to discuss these matters as they apply to you or your business.


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