The Family and Medical Leave Act (FMLA) provides eligible employees up to 12 weeks of unpaid, job-protected leave in a 12-month period for certain family and medical reasons. Understanding how weekends, holidays, and other leave days are counted can prevent confusion about eligibility, pay, and job security. This article explains how FMLA leave is counted, when weekends and holidays matter, and how employers may handle pay and scheduling within FMLA.
How FMLA Leave Is Counted
FMLA leave is counted in 24-hour increments for certain type of leave, but most employers use a standard 8-hour workday measurement for counting full-time employees. The key point is that FMLA provides a set number of hours or days of protected leave, not a separate entitlement for every calendar day. If an employee works part-time or on varying schedules, the amount of FMLA leave is prorated according to the employee’s typical work hours. Important evidence: the 12-week entitlement applies to a 12-month period as defined by the employer’s policy or by the applicable FMLA method (calendar year, 12-month rolling, or other defined method).
Do Weekends Count Toward the 12 Weeks?
Weekends generally count toward the 12-week FMLA entitlement if the employee would normally be scheduled to work on those days. If a full-time employee normally works five days a week, the days off (including weekends) may be counted as part of the 12 weeks when the leave is taken for covered reasons. However, if the employee is on a personal leave or not scheduled to work on weekends, those days may not automatically consume FMLA hours unless they are part of the employee’s regular schedule or the leave is taken in connection with a covered reason.
Intermittent leave adds complexity: if an employee takes FMLA in nonconsecutive blocks, the total time away still counts toward the 12-week limit, regardless of which days are taken. Employers and employees should coordinate to document the pattern so that the remaining balance is clear. Bottom line: weekends can count, but it depends on whether the employee would have worked those days and how the leave is scheduled.
Are Holidays Covered By FMLA?
Holidays are not separately counted as part of the 12 weeks unless the employee would have been scheduled to work on the holiday and the leave is for a covered reason. In practice, many employers do not count holidays as FMLA leave days if the employee is on paid leave for a holiday they would normally observe. If an employee takes unpaid FMLA leave that coincides with a holiday, the holiday itself is typically treated as a paid holiday if the employer provides paid time off for holidays, but it does not extend the 12-week entitlement. States and employers may have variations, so review the specific policy in the workplace.
For example, if a worker is on FMLA leave and a holiday falls during that period, the employer may either:
- Count the holiday as a paid holiday (not reducing the FMLA leave balance).
- Count the holiday as a day of FMLA leave, reducing the remaining balance.
- Provide a different arrangement under a paid time-off policy if applicable.
Consistency and documentation are essential. The U.S. Department of Labor provides guidance to ensure that holiday handling aligns with FMLA requirements and any applicable company policy.
Intermittent FMLA Leave And Holidays
Intermittent FMLA leave allows employees to take leave in separate blocks for a single qualifying reason. When holidays are involved, the scheduling can be tricky. If an employee takes intermittent leave that includes a holiday, the employer should apply the same rules as for any other day worked or not worked. The key is that the total hours or days off under FMLA do not exceed the 12-week total in a 12-month period. Employers often require advance notice and medical certification for intermittent leave, and they may require recertification if the leave pattern changes significantly.
Clear communication helps. Employees should discuss expected leave schedules with HR, and employers should document any holiday interactions with FMLA in payroll and leave records to maintain compliance.
Pay, Leave, And Job Protections
FMLA leave is unpaid by default, but employers must maintain the employee’s health benefits during the leave under the same terms as if the employee were working. Some employees may receive paid leave through state programs, employer-provided paid time off, or other benefits, which can run concurrently with FMLA if allowed by law or policy. Importantly, taking FMLA leave does not terminate employment; it preserves the employee’s rights and position, and upon return, the employee must be restored to the same or an equivalent job.
Employers may require employee notice and certification to qualify for FMLA protection. The notice should specify the expected duration of the leave, including whether weekends or holidays will impact the leave period. When pay is involved, employers should clearly distinguish FMLA-protected unpaid leave from any paid-time-off policy and indicate how the two interact.
Practical Tips For Employees
- Review your employer’s FMLA policy and 12-month calculation method to understand how weekends and holidays affect your leave balance.
- Provide timely notice and supporting certification for qualifying reasons to preserve eligibility and avoid delays.
- Ask HR for a written leave plan that specifies start and end dates, whether holidays will be paid or counted toward the leave, and how weekends are treated.
- Track your leave carefully, noting any weekends or holidays that fall during the period, to prevent miscounting the 12-week limit.
- Understand how intermittent leave affects your schedule and how it may interact with holiday days off or paid leave.
Tip: If a holiday falls during FMLA leave, check whether the employer treats the holiday as paid time off or as a day of FMLA leave, and how that choice impacts your remaining FMLA balance.
Common Scenarios
Scenario 1: An employee on full-time schedule takes FMLA for a medical condition and a holiday occurs during the leave. If the employee would normally work on that holiday, the holiday may count as part of the FMLA leave or be paid as a holiday, depending on policy. Scenario 2: An employee on a fixed weekend schedule takes FMLA for a family reason starting on a Friday and ending the following Wednesday, covering two weekends. The total leave count includes those weekends if they fall within the employee’s regular workdays. Scenario 3: An employee uses intermittent FMLA for chronic illness, with holidays sprinkled in. The pattern must be documented and counted toward the 12-week total, with attention to how holidays affect payroll or paid leave if applicable.
These examples illustrate that FMLA administration hinges on the employer’s policy, the employee’s schedule, and compliance with federal regulations. Employees should seek clarification from HR when schedules involve weekends or holidays to avoid surprises.
Key Takeaways
- The 12-week FMLA entitlement applies within a 12-month period and is measured against the employee’s normal work schedule. Weekends can count toward the entitlement if they are part of the employee’s regular workdays.
- Holidays may or may not count toward FMLA depending on whether the employee would have worked, the employer’s holiday policy, and whether paid leave is used.
- Intermittent FMLA leave requires careful scheduling and documentation to ensure accurate tracking of hours and balance.
- FMLA leave is typically unpaid, but health benefits continue. Paid time off and other benefits may run concurrently under company policy or state laws.
- Clear communication with HR and precise record-keeping help ensure compliance and minimize confusion about weekends and holidays during FMLA leave.