This month, the U.S. Department of Labor issued an opinion letter providing much-needed clarity for school districts — and other employers with similar schedules — on how to count FMLA leave during short-term closures. In FMLA2026-1, DOL confirmed that the key factor is not the closure itself, but how the employee is using FMLA leave during the affected week.

The issue is a familiar one in K-12 settings: a school shuts down for weather or other reasons for one or two days during the week. If an employee is on FMLA leave during that time, should the employer still deduct the closed days from the employee’s 12-week entitlement?

The answer depends on whether the employee is on intermittent or continuous leave.

Intermittent or Reduced-Schedule Leave: Only Count Time Actually Missed
When an employee is using FMLA leave intermittently or on a reduced schedule (i.e., less than a full workweek), any days the employee was not expected to work due to a closure do not count against their leave.

For example, an employee is approved to take FMLA leave every Tuesday afternoon for physical therapy. If the school closes for the full day on a Tuesday due to weather, and the employee is not expected to report for work, no FMLA time is deducted.

This approach aligns with long-standing DOL guidance: employers cannot reduce an employee’s FMLA entitlement "beyond the amount of leave actually taken."

Full-Week Leave: Closure Has No Impact
By contrast, if an employee is on FMLA leave for the entire workweek, a partial-week closure (planned or unplanned) does not affect the leave calculation. The employer may still deduct a full week of FMLA leave.
For example, an employee is on continuous FMLA leave Monday through Friday. The school closes on Tuesday for weather. Even though the employee would not have worked that day, the full week still counts as FMLA leave.

This follows the rule that FMLA leave is measured in workweeks — not calendar days — and must be applied accordingly.

What Doesn’t Matter
The DOL made clear that several common factors do not change the FMLA calculation:

• Whether the closure is planned or unplanned
• Why the school closed (e.g., weather, emergencies)
• Whether makeup days are scheduled later
• Whether employees are paid during the closure

Each makeup day is treated like any other workday and should be assessed independently for FMLA leave based on eligibility and need.

Bottom Line
The DOL opinion letter reinforces a fundamental FMLA principle: leave is tied to actual work time missed, not to closures or calendar quirks. For schools and similar employers, it’s a reminder to measure FMLA leave with precision, especially when weather and emergency closures disrupt the week.

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