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DOL Opinion Letter Tells Employers How to Calculate FMLA Leave During a Holiday Week

Last week the DOL issued an Opinion Letter (a rarity in itself these days) clarifying how to calculate an employee's use of FMLA during a workweek containing a holiday. The proper method of calculation is not necessarily intuitive and warrants some explanation.

The short version is this: If an employee takes FMLA leave for the entire workweek in which the holiday falls, the employer can count the holiday against the employee's FMLA leave bank. That is, the employer can treat the holiday as FMLA leave. 

However, if the employee works any part of the workweek in which the holiday falls, the employer cannot count the holiday against the employee’s FMLA bank.  

Using this week as an example: if employee Tom took off Monday for the Memorial Day holiday, reported working for 2 hours on Tuesday before hurting his back, and took the rest of the week off as FMLA leave, Tom’s employer could not count Memorial Day as FMLA leave unless Tom was scheduled to work on Memorial Day.  

The DOL explained it like this; in Factsheet #28I.

When a holiday falls during a week in which an employee is taking the full week of FMLA leave, the entire week is counted as FMLA leave. However, when a holiday falls during a week when an employee is taking less than the full week of FMLA leave, the holiday is not counted as FMLA leave, unless the employee was scheduled and expected to work on the holiday and used FMLA leave for that day.

I know that this sounds a bit ticky-tack (my Mom’s turn-of-phrase), but it matters in calculating him much FMLA leaves an employee has available to them. If an employer incorrectly counts a holiday against an employee’s FMLA leave bank, and then takes action against the employee in the mistaken belief that the employee has exhausted her FMLA leave, the employer will be walking into an FMLA suit.  

As always, don’t hesitate to call me directly if you have any questions.

DOL Opinion Letter Tells Employers How to Calculate FMLA Leave During a Holiday Week

Last week the DOL issued an Opinion Letter (a rarity in itself these days) clarifying how to calculate an employee's use of FMLA during a workweek containing a holiday. The proper method of calculation is not necessarily intuitive and warrants some explanation.

The short version is this: If an employee takes FMLA leave for the entire workweek in which the holiday falls, the employer can count the holiday against the employee's FMLA leave bank. That is, the employer can treat the holiday as FMLA leave. 

However, if the employee works any part of the workweek in which the holiday falls, the employer cannot count the holiday against the employee’s FMLA bank.  

Using this week as an example: if employee Tom took off Monday for the Memorial Day holiday, reported working for 2 hours on Tuesday before hurting his back, and took the rest of the week off as FMLA leave, Tom’s employer could not count Memorial Day as FMLA leave unless Tom was scheduled to work on Memorial Day.  

The DOL explained it like this; in Factsheet #28I.

When a holiday falls during a week in which an employee is taking the full week of FMLA leave, the entire week is counted as FMLA leave. However, when a holiday falls during a week when an employee is taking less than the full week of FMLA leave, the holiday is not counted as FMLA leave, unless the employee was scheduled and expected to work on the holiday and used FMLA leave for that day.

I know that this sounds a bit ticky-tack (my Mom’s turn-of-phrase), but it matters in calculating him much FMLA leaves an employee has available to them. If an employer incorrectly counts a holiday against an employee’s FMLA leave bank, and then takes action against the employee in the mistaken belief that the employee has exhausted her FMLA leave, the employer will be walking into an FMLA suit.  

As always, don’t hesitate to call me directly if you have any questions.

DOL Opinion Letter Tells Employers How to Calculate FMLA Leave During a Holiday Week

Last week the DOL issued an Opinion Letter (a rarity in itself these days) clarifying how to calculate an employee's use of FMLA during a workweek containing a holiday. The proper method of calculation is not necessarily intuitive and warrants some explanation.

The short version is this: If an employee takes FMLA leave for the entire workweek in which the holiday falls, the employer can count the holiday against the employee's FMLA leave bank. That is, the employer can treat the holiday as FMLA leave. 

However, if the employee works any part of the workweek in which the holiday falls, the employer cannot count the holiday against the employee’s FMLA bank.  

Using this week as an example: if employee Tom took off Monday for the Memorial Day holiday, reported working for 2 hours on Tuesday before hurting his back, and took the rest of the week off as FMLA leave, Tom’s employer could not count Memorial Day as FMLA leave unless Tom was scheduled to work on Memorial Day.  

The DOL explained it like this; in Factsheet #28I.

When a holiday falls during a week in which an employee is taking the full week of FMLA leave, the entire week is counted as FMLA leave. However, when a holiday falls during a week when an employee is taking less than the full week of FMLA leave, the holiday is not counted as FMLA leave, unless the employee was scheduled and expected to work on the holiday and used FMLA leave for that day.

I know that this sounds a bit ticky-tack (my Mom’s turn-of-phrase), but it matters in calculating him much FMLA leaves an employee has available to them. If an employer incorrectly counts a holiday against an employee’s FMLA leave bank, and then takes action against the employee in the mistaken belief that the employee has exhausted her FMLA leave, the employer will be walking into an FMLA suit.  

As always, don’t hesitate to call me directly if you have any questions.

DOL Opinion Letter Tells Employers How to Calculate FMLA Leave During a Holiday Week

Last week the DOL issued an Opinion Letter (a rarity in itself these days) clarifying how to calculate an employee's use of FMLA during a workweek containing a holiday. The proper method of calculation is not necessarily intuitive and warrants some explanation.

The short version is this: If an employee takes FMLA leave for the entire workweek in which the holiday falls, the employer can count the holiday against the employee's FMLA leave bank. That is, the employer can treat the holiday as FMLA leave. 

However, if the employee works any part of the workweek in which the holiday falls, the employer cannot count the holiday against the employee’s FMLA bank.  

Using this week as an example: if employee Tom took off Monday for the Memorial Day holiday, reported working for 2 hours on Tuesday before hurting his back, and took the rest of the week off as FMLA leave, Tom’s employer could not count Memorial Day as FMLA leave unless Tom was scheduled to work on Memorial Day.  

The DOL explained it like this; in Factsheet #28I.

When a holiday falls during a week in which an employee is taking the full week of FMLA leave, the entire week is counted as FMLA leave. However, when a holiday falls during a week when an employee is taking less than the full week of FMLA leave, the holiday is not counted as FMLA leave, unless the employee was scheduled and expected to work on the holiday and used FMLA leave for that day.

I know that this sounds a bit ticky-tack (my Mom’s turn-of-phrase), but it matters in calculating him much FMLA leaves an employee has available to them. If an employer incorrectly counts a holiday against an employee’s FMLA leave bank, and then takes action against the employee in the mistaken belief that the employee has exhausted her FMLA leave, the employer will be walking into an FMLA suit.  

As always, don’t hesitate to call me directly if you have any questions.

DOL Opinion Letter Tells Employers How to Calculate FMLA Leave During a Holiday Week

Last week the DOL issued an Opinion Letter (a rarity in itself these days) clarifying how to calculate an employee's use of FMLA during a workweek containing a holiday. The proper method of calculation is not necessarily intuitive and warrants some explanation.

The short version is this: If an employee takes FMLA leave for the entire workweek in which the holiday falls, the employer can count the holiday against the employee's FMLA leave bank. That is, the employer can treat the holiday as FMLA leave. 

However, if the employee works any part of the workweek in which the holiday falls, the employer cannot count the holiday against the employee’s FMLA bank.  

Using this week as an example: if employee Tom took off Monday for the Memorial Day holiday, reported working for 2 hours on Tuesday before hurting his back, and took the rest of the week off as FMLA leave, Tom’s employer could not count Memorial Day as FMLA leave unless Tom was scheduled to work on Memorial Day.  

The DOL explained it like this; in Factsheet #28I.

When a holiday falls during a week in which an employee is taking the full week of FMLA leave, the entire week is counted as FMLA leave. However, when a holiday falls during a week when an employee is taking less than the full week of FMLA leave, the holiday is not counted as FMLA leave, unless the employee was scheduled and expected to work on the holiday and used FMLA leave for that day.

I know that this sounds a bit ticky-tack (my Mom’s turn-of-phrase), but it matters in calculating him much FMLA leaves an employee has available to them. If an employer incorrectly counts a holiday against an employee’s FMLA leave bank, and then takes action against the employee in the mistaken belief that the employee has exhausted her FMLA leave, the employer will be walking into an FMLA suit.  

As always, don’t hesitate to call me directly if you have any questions.

DOL Opinion Letter Tells Employers How to Calculate FMLA Leave During a Holiday Week

Last week the DOL issued an Opinion Letter (a rarity in itself these days) clarifying how to calculate an employee's use of FMLA during a workweek containing a holiday. The proper method of calculation is not necessarily intuitive and warrants some explanation.

The short version is this: If an employee takes FMLA leave for the entire workweek in which the holiday falls, the employer can count the holiday against the employee's FMLA leave bank. That is, the employer can treat the holiday as FMLA leave. 

However, if the employee works any part of the workweek in which the holiday falls, the employer cannot count the holiday against the employee’s FMLA bank.  

Using this week as an example: if employee Tom took off Monday for the Memorial Day holiday, reported working for 2 hours on Tuesday before hurting his back, and took the rest of the week off as FMLA leave, Tom’s employer could not count Memorial Day as FMLA leave unless Tom was scheduled to work on Memorial Day.  

The DOL explained it like this; in Factsheet #28I.

When a holiday falls during a week in which an employee is taking the full week of FMLA leave, the entire week is counted as FMLA leave. However, when a holiday falls during a week when an employee is taking less than the full week of FMLA leave, the holiday is not counted as FMLA leave, unless the employee was scheduled and expected to work on the holiday and used FMLA leave for that day.

I know that this sounds a bit ticky-tack (my Mom’s turn-of-phrase), but it matters in calculating him much FMLA leaves an employee has available to them. If an employer incorrectly counts a holiday against an employee’s FMLA leave bank, and then takes action against the employee in the mistaken belief that the employee has exhausted her FMLA leave, the employer will be walking into an FMLA suit.  

As always, don’t hesitate to call me directly if you have any questions.