DOL Explains How to Properly Calculate FMLA Leave

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On September 30, 2025, the U.S. Department of Labor (“DOL”) Wage and Hour Division issued a new opinion letter clarifying how employers should calculate the hourly equivalent of an employee’s available leave under the Family and Medical Leave Act (“FMLA”). The opinion also addresses how FMLA applies to employees whose schedules include both mandatory and voluntary overtime. While the guidance largely reaffirms existing principles, it provides clarification for employers that manage nontraditional or fluctuating work schedules.

Background on the FMLA

The FMLA entitles eligible employees of covered employers to take up to 12 workweeks of unpaid, job-protected leave in a 12-month period for qualifying family and medical reasons – such as the employee’s serious health condition, the birth or adoption of a child, or the need to care for a family member with a serious health condition. During FMLA leave, group health insurance coverage must continue under the same terms and conditions as if the employee were actively working.

The law does not grant employees FMLA leave at a fixed hourly rate. Instead, the regulations require that employers calculate FMLA leave entitlement in a way that “equitably reflects the employee’s total normally scheduled hours” – that is, the hours the employee would have worked but for the use of FMLA leave.

For many employees with a traditional 40-hour workweek, employers typically convert the leave entitlement to 480 hours of FMLA leave per year (40 hours per workweek multiplied by 12 workweeks). However, for employees who regularly work more or fewer hours – such as those with rotating schedules, required overtime, or extended shifts – the 12 workweeks must be converted based on the employee’s actual schedule.

The Opinion Letter

The opinion letter responded to a request from an employer seeking guidance on how to calculate FMLA leave entitlement for correctional law enforcement employees working a fixed “Pitman Schedule.” Under this schedule, employees worked 12-hour shifts over a two-week cycle that included mandatory overtime. In addition to those required hours, employees could also volunteer for additional hours outside of the published schedule.

The employer asked whether the 12-week FMLA entitlement should be converted using the traditional 480-hour standard, or instead based on the employees’ longer, regularly scheduled workweeks that included mandatory overtime.

In its response, the DOL confirmed that the correct approach is to calculate FMLA leave entitlement based on an employee’s actual, normally scheduled workweek – including any mandatory overtime hours, but excluding voluntary overtime.  

The DOL concluded that correctional officers regularly scheduled to work 84 hours every two weeks (an average of 42 hours per week) were entitled to 504 hours of FMLA leave (42 hours per workweek, multiplied by 12 workweeks), rather than 480 hours. This approach, the DOL explained, “is consistent with what would be 12 normally scheduled workweeks for an employee working a mandatory 84 hours every 14 days.”

The DOL also reaffirmed that when an employee’s hours vary from week to week, the employer may determine FMLA entitlement using the average number of hours worked during the previous 12 months.

Finally, the DOL emphasized that these same principles apply not only to entitlement calculations but also when deducting FMLA usage. Employers may count as FMLA leave any hours the employee would normally have worked – including mandatory overtime – but should exclude any voluntary hours the employee could have worked but was not required to work.

Employer Takeaways

The opinion letter offers useful guidance for employers, particularly those managing employees with non-traditional schedules.  The opinion reinforces the concept that FMLA leave should reflect the employee’s normal schedule, meaning that total FMLA entitlement can be higher than 480 hours in certain cases.

Additionally, if an employee’s published schedule includes mandatory overtime, those hours must be counted when determining both the total number of FMLA hours available and when tracking FMLA leave usage. Hours that employees elect to work voluntarily – outside of their required schedule – should not be included in the calculation of FMLA entitlement nor should they be deducted if the employee misses those hours due to FMLA leave.

The opinion letter also serves as a reminder for employers to review how their systems calculate and track FMLA leave to ensure compliance with the DOL’s most recent guidance and to confirm mandatory and voluntary overtime are being treated correctly.