Recently, the U.S. Department of Labor (“U.S. DOL”) released an opinion letter (FMLA2025-02-A) (the “Opinion Letter”) concerning how to calculate the number of hours of Family and Medical Leave Act (“FMLA”) leave available to employees who work a fixed schedule that includes mandatory overtime.
The Opinion Letter clarifies that an employer seeking to calculate the hourly equivalent of FMLA leave available to an employee should do so based on the employee’s actual, normally scheduled workweek. Accordingly, employers should include in the entitlement calculation any work time comprising the employee’s normal, actual workweek, even if it includes mandatory hours.
Further, the Opinion Letter states that additional voluntary hours that the employee may work should not be counted in their FMLA entitlement calculation and employers cannot require employees to use their FMLA leave when employees do not work these voluntary hours.
In the case the U.S. DOL opined on, the employer calculated the 12-workweek FMLA leave entitlement for its employees as equivalent to 504 hours. This calculation was based on the number of hours employees are required to work under the employer’s published schedule which mandates 84 hours of work every two weeks. The U.S. DOL found that the conversion of the 12-workweek FMLA leave entitlement to a 504-hour leave entitlement is in accordance with the FMLA’s requirements, as this calculation is consistent with what would be 12 normally scheduled workweeks for an employee working a mandatory 84 hours every 14 days. The calculation properly appears to take into account normally scheduled hours while disregarding voluntary additional hours that an employee could potentially work.
This U.S. DOL Opinion provides helpful clarification as guidance to employers to help ensure they are properly calculating FMLA leave hours. Should you have any questions, please contact Ali Law Group.
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