FMLA, Holidays and Work Closures: What To Know

How FMLA Works During Holidays and Closures

When employees have FMLA leaves that occur at the same time as work holidays or during worksite closures, you’ve likely been challenged with whether this time should count against their available leave. Employees don’t want to feel like their available time is diminished without reason, while employers can’t provide additional FMLA beyond what’s allowed. Luckily, the rules are clear when it comes to how FMLA is calculated in these situations.

The first piece of the puzzle is understanding that different leave types (continuous, intermittent and reduced schedule) are impacted differently.

Intermittent Leave

Intermittent absences should not be counted for days an employee is not scheduled to work. These leave types require less oversight during holidays or closures, since employees are not expected to call and report an absence on days they are not scheduled to work.

Reduced Schedule Leave

Reduced schedule leave follows a similar principle: leave should not be counted for time the employee was not expected to work. However, these leave types may require closer review during closures to ensure a planned reduced schedule isn’t applied to dates when the worksite is closed.

Continuous Leave

When an employee is out on a continuous leave of absence, partial week closures don’t impact how an employer reduces the employee’s available entitlement. This can cause confusion, but it helps to remember that FMLA is based on an employee’s scheduled workweek (or proportion of the workweek when the employee takes less than a full week of leave). 

Ultimately, whether the scheduled work week is two days long or seven days long, one week is still one week. When a two-day holiday closure occurs during continuous leave, the shortened week still counts as a full week of FMLA leave.

When the closure exceeds one work week, this does impact the employee’s continuous leave. The Department of Labor provides the following guidance:

If for some reason the employer's business activity has temporarily ceased and employees generally are not expected to report for work for one or more weeks (e.g., a school closing two weeks for the Christmas/New Year holiday or the summer vacation or an employer closing the plant for retooling or repairs), the days the employer's activities have ceased do not count against the employee's FMLA leave entitlement. 29 C.F.R. § 825.200 (2026).

In these instances, it’s important that an employee’s available entitlement stops decrementing until the closure is over.

Planned vs. Unplanned Closures

Lastly, it’s important for employers to understand that whether a closure is planned or unplanned doesn’t change how FMLA is counted during these periods. Planned breaks such as holidays or seasonal closures should be treated the same as unplanned closures, such as those caused by inclement weather or equipment issues, when the closure lasts longer than one full workweek. 

How Can The Standard Help

When you have absence services with The Standard, an Absence Management Consultant will work with you during implementation to understand whether your organization has shutdowns or extended holidays that impact FMLA usage and help to ensure FMLA is applied correctly throughout ongoing service. For additional information about how The Standard can help with FMLA administration, please contact your account manager or a representative near you.

The world of FMLA is complex, and navigating employee leaves that occur around work holidays and other worksite closures can add to that complexity. Understanding the rules around these closures and how they may or may not impact FMLA can help reduce errors, confusion and employee escalation.