DOL Clarifies FMLA Leave Calculation for School Employees During Short-Term Closures

On January 5, 2026, the U.S. Department of Labor’s Wage and Hour Division (DOL) issued Opinion Letter FMLA2026-1, providing important guidance on how short-term school closures, such as snow days, affect a school employee’s use of leave under the Family and Medical Leave Act (FMLA).

DOL addressed whether an employee’s absence counts against his or her FMLA entitlement when a school is temporarily closed for less than a full week due to inclement weather. Applying the principles of 29 C.F.R. § 825.200(h), DOL concluded that when a school closes for less than a full week and the employee is not scheduled and expected to work during the closed period, that time does not count against the employee’s FMLA entitlement if the employee is taking less than a full workweek of FMLA leave. By contrast, when an employee is on a full workweek of FMLA leave, the entire week counts even if the school is closed for one or more days.

The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave with continuation of group health coverage for up to 12 workweeks in a 12‑month period for qualifying reasons. See 29 U.S.C. §§ 2612–2614. Leave may be taken on a continuous, intermittent, or reduced schedule, and employers may not reduce an employee’s entitlement beyond the amount of leave actually taken. 29 U.S.C. § 2612(b). 

DOL compared short-term school closures due to inclement weather to holiday closures. The regulations are clear that when an employee takes less than a full workweek of leave, usage is calculated as a proportion of the employee’s actual workweek. See 29 C.F.R. § 825.205(b).  Holidays within such weeks do not count against leave entitlement unless the employee was scheduled and expected to work on the holiday and used FMLA leave that day, whereas a holiday occurring during a full-week FMLA absence does not alter the fact that the full week of leave counts. See 29 C.F.R. § 825.205(b)(1), 825.200(h). 

Applying these principles to weather-related short-term school closures, DOL clarified that for closures of less than a full week, if an employee is approved for FMLA leave for less than a full workweek and the school closes such that the employee would not be expected to report to work, the closure period should not be deducted from the employee’s FMLA leave entitlement. Conversely, if the employee is using a full workweek of FMLA leave, the entire week counts, regardless of the closure. The reason for the closure, whether planned or unplanned, and any subsequent make-up days are immaterial to the calculation.

School systems and HR administrators should review FMLA policies, payroll and leave systems, and administrator training to ensure accurate accounting for short-term closures during weeks when employees use intermittent or reduced-schedule leave. Documentation should reflect whether the employee was scheduled and expected to work on closure days, and communications to employees should clarify how closures affect FMLA usage in both partial-week and full-week scenarios.