Calculating FMLA Leave During Holiday Weeks

If an employee takes a full workweek of FMLA leave during a week that includes a holiday, the entire week counts as FMLA leave—even if the holiday falls midweek. Employers should count the week as one full week of FMLA leave used.

When an employee takes less than a full workweek of FMLA leave, the holiday is not counted as FMLA leave, unless:

• The employee was scheduled and expected to work on the holiday, and
• The employee used FMLA leave for that day.

For partial weeks, employers should:

1. Count the employee’s normal full workweek, including the holiday.
2. Divide the actual FMLA hours taken (excluding the holiday) by the total work week hours.
3. Use that fraction to determine how much FMLA leave was used.

The Department of Labor has confirmed that employers should not remove the holiday from the work week, as doing so would improperly reduce the employee’s FMLA entitlement.

Incorrect FMLA calculations—especially around holidays—can lead to:

A consistent approach now helps avoid issues later.