Opinion letter · United States · Wage and Hour Division

Wage and Hour Division says partial-week school closures do not count against intermittent Family and Medical Leave Act leave

As of our last check on November 2, 2026, this is agency guidance, not a rule. It explains how the agency reads the law and does not create a legal requirement on its own.

Added to AmendSignal

In short

What changed
The Department of Labor's Wage and Hour Division (WHD) issued an opinion letter on how a school closure of less than a full week (for example, a snow day) affects Family and Medical Leave Act (FMLA) leave. Closure time is not charged to employees taking less than a full week of leave, but a full week of leave still counts as a full week.
Who's affected
Schools covered by the FMLA, and the human resources and payroll staff who track employee leave. It matters most for employees on intermittent or reduced schedule leave.
What to do
This opinion letter creates no new duties for employers. Consider checking how your leave tracking handles partial-week closures and "make up" days for employees on FMLA leave.

What changed

Who is affected

What it means in practice

What to do

AmendSignal analysis sorts these by whether this document changes them.

Already required

Worth considering

Open questions

The source leaves these open. We'll update this record if a later document answers them.

  • Does WHD apply the same reasoning to partial-week closures at employers that are not schools?

    The letter answers a school's question and is based only on the requester's facts, so it does not say whether other employers can rely on it.

  • Would the answer on make-up days change if a school's make-up days were not scheduled to meet instructional-hour requirements?

    The letter's make-up day conclusion rests on those days appearing to be scheduled for instructional-hour mandates and unrelated to the employee's leave.

Related changes

History

  1. Latest · · Issued

    FMLA2026-1: How a school closure of less than a full week impacts the amount of leave a school employee uses under the FMLA. Source (opens in a new tab)

Sources