Takeaways
- The DOL stated in a 01.05.26 opinion letter that if an employee is scheduled to use less than a full workweek of FMLA leave, the time when the employer (a school) is closed for inclement weather will not be deducted from the employee’s FMLA entitlement unless the employee was expected to work during the school closure.
- Conversely, however, the opinion letter states if an employee is scheduled to take a full workweek of FMLA during a week when the school is closed for part of the week, the entire week is counted against an employee’s FMLA entitlement.
- The DOL announced in June 2025 that it would launch an expanded opinion letter program.
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The Department of Labor (DOL) Wage and Hour Division issued an opinion letter on Jan. 5, 2026, analyzing how a school closure of less than one full week affects the Family and Medical Leave Act (FMLA) entitlement of an employee on scheduled FMLA leave. The DOL analyzed key differences between calculation of FMLA leave entitlement when the leave is scheduled for less than a full workweek versus a full workweek. The opinion letter was in response to an inquiry on the calculation of an employee’s leave entitlement when a school closes for less than a full week due to inclement weather.
DOL Analysis
In its analysis, the DOL confirmed an established principle that leave entitlement may not be reduced “beyond the amount of leave actually taken” when the leave is taken on an intermittent or reduced schedule basis. Further, the DOL clarified leave taken for less than a full workweek is considered a “proportion of the employee’s actual workweek.”
Holidays, the DOL then explained, do not count against FMLA leave entitlement if the employee is scheduled for FMLA leave of less than a full workweek and is not otherwise expected to work on the holiday. On the other hand, however, the DOL stated the holiday will count against an employee’s FMLA leave entitlement if it falls during a week in which the employee was scheduled to take a full workweek of leave.
Based upon these principles, the DOL opined that if an employee is scheduled to take FMLA leave for less than a full workweek, the school is closed for at least one day during that workweek due to inclement weather, and the employee was not otherwise expected to work during the closure, the employee’s leave entitlement should not be reduced by the number of days the school was closed.
As an example, the DOL explained, if an employee was scheduled to take FMLA for physical therapy on Tuesday afternoon, but the school was closed on Tuesday due to inclement weather, the employee’s FMLA leave entitlement will not be reduced for the period of time the school was closed.
If an employee was scheduled to take FMLA for a full workweek and the school was closed for at least one day during that workweek, the DOL explained the employee’s FMLA leave entitlement would still be reduced for the entire workweek despite the school closure during the week.
Planned Closure; Makeup
Finally, whether a closure is planned or unplanned and the reasons for any closure are immaterial to this analysis, the DOL noted. Similarly, the DOL opined that whether an employer requires an employee to report on a “makeup” day on a later date does not affect the analysis.
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The DOL announced in June 2025 that it would launch an expanded opinion letter program, consistent with the agency’s renewed focus on compliance assistance.
Reach out to your Jackson Lewis attorney with any questions about complying with the laws enforced by the DOL (such as the FMLA and the Fair Labor Standards Act) or for assistance in preparing an opinion letter request.