The Department of Labor (DOL) has issued a rare opinion letter under the Family and Medical Leave Act (FMLA) addressing the calculation of leave used by an employee who takes less than a full week of FMLA leave during a week that includes a holiday. DOL’s letter opines that if an employee takes less than a full week of FMLA leave during a week that includes a holiday, the employer cannot count the entire week against the employee’s weekly leave entitlement, but the employer can charge the employee for the portion of the week (not including the holiday) for which leave is taken. In contrast, DOL confirms that if an employee is on FMLA leave during an entire week that includes a holiday, an employer can count the entire week against the leave entitlement. DOL opinion letters are sub-regulatory guidance issued in response to a request from an interested party for regulatory interpretation.
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