Q: I have an employee on FMLA and I’m not certain how to count holiday leave.
A: According to the Family and Medical Leave Act as well as the DOL opinion letter issued May 30, 2023, if an employee takes FMLA leave which is less than a week (i.e. a day or two) and there is a holiday, the holiday generally does not count against the FMLA leave entitlement. However, if the employee takes the entirety of the week and the holiday falls during that full week of leave, it does count towards FMLA.
