On May 30, 2023, the Wage and Hour Division (WHD) of the U.S. Department of Labor issued Opinion Letter FMLA2023-2-A: “Whether Holidays Count Against an Employee’s FMLA Leave Entitlement and Determination of the Amount of Leave Taken.”

The letter addresses whether an employee taking leave under the federal Family and Medical Leave Act (FMLA) during a week that includes a holiday uses leave equal to a fraction of their usual workweek or a fraction of a reduced workweek (the employee’s usual workweek less one day). The WHD advises that employees use a fraction of their usual, full workweek in this situation.

When Leave Is Taken for a Full Workweek

The FMLA entitles eligible employees of covered employers to take 12 weeks of unpaid leave for qualifying family and medical reasons. The letter notes that when a holiday falls during a week that an employee is taking a full workweek of FMLA leave, FMLA regulations specify that the entire week is counted as FMLA


DOL Issues Opinion Letter About Holidays During FMLA Leave