DOL Clarifies How to Calculate FMLA Leave

The US Department of Labor (DOL) Wage and Hour Division issued a new opinion letter on Sept. 30, 2025, explaining that employers should calculate FMLA leave hours based on an employee’s actual, normally scheduled workweek — which includes any mandatory overtime hours and excludes any additional voluntary hours.

The DOL’s guidance is helpful for all employers faced with calculating the hourly equivalent of an employee’s 12 weeks of FMLA leave.

Jackson Lewis:
DOL Clarifies How Employers Should Calculate FMLA Leave for Overtime + Other Non-Traditional Schedules