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.
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
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From the sourceOpening summary
the period during which the school is closed is not counted as FMLA leave, unless the employee was scheduled and expected to work during the period and used FMLA leave for that time
WHD says that when a school closes for part of a week while an employee uses less than a full week of FMLA leave, the closure time is not counted as FMLA leave, unless the employee was scheduled and expected to work then and used FMLA leave for that time.
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From the sourceOpening summary
When a school closes for part of a week during which an employee is using a full week of FMLA leave, however, the entire week is counted as FMLA leave.
WHD says that when a school closes for part of a week while an employee is using a full week of FMLA leave, the entire week is counted as FMLA leave.
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From the sourceOpinion
Whether the closure was planned or unplanned has no impact on the amount of leave an employee
Also: Opinion
Nor are the specific reasons for the temporary closure material to the analysis.
WHD says it does not matter whether the closure was planned or unplanned, or what caused it.
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From the sourceOpinion
on a “make up” day must be evaluated independently of the day that “make up” day replaces.
Also: Opinion
the employee may use FMLA leave on that
WHD says scheduling a "make up" day for the closure does not change the analysis, but an employee's ability to take FMLA leave on a make-up day is judged on its own. Generally, an eligible employee with a qualifying need and leave remaining may use FMLA leave on that day.
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From the sourceBackground
You propose that whether the school schedules “make up” days for the days the school was closed for inclement weather should
Also: Opinion
whether your employer requires an employee to report to work on or for a “make up” day in the
The requester had proposed that whether the school schedules make-up days should decide how the closure affects leave. WHD did not adopt that approach.
Who is affected
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From the sourceBackground
You ask how to calculate an employee’s FMLA leave use when a school closes for less than a full
The letter answers a question about school employees when a school closes for less than a full week due to bad weather.
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From the sourceNote (end of letter)
This opinion is based exclusively on the facts and circumstances described in your request
Also: Note (end of letter)
The existence of any other factual or historical background not contained
The opinion is based only on the facts the requester described, and WHD says other facts might lead to a different conclusion.
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Our analysisGeneral Legal Principles, B. Taking of FMLA Leave
Employees who use FMLA leave on an intermittent or reduced schedule basis may not have their
The employees whose leave balances are most affected are those taking FMLA leave intermittently or on a reduced schedule, since they are the ones who take less than a full week of leave.
What it means in practice
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Our analysisOpinion
the employer school should not deduct time for that day from the employee’s FMLA entitlement
Schools that automatically charge FMLA leave on a closure day (for example, a recurring weekly appointment that falls on a snow day) may be over-charging leave and may need to adjust leave balances or tracking rules.
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Our analysisOpinion
may deduct a full week’s worth of leave from the employee’s FMLA leave entitlement
For employees on a full week of FMLA leave, a closure day does not give back any leave, so tracking for those employees does not need to change.
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Our analysisOpinion
on a “make up” day must be evaluated independently of the day that “make up” day replaces.
Requests for FMLA leave on make-up days need their own review, separate from the closure day they replace.
What to do
AmendSignal analysis sorts these by whether this document changes them.
Already required
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From the sourceGeneral Legal Principles, B. Taking of FMLA Leave
Employees who use FMLA leave on an intermittent or reduced schedule basis may not have their leave reduced “beyond the amount of leave actually taken.”
Under the FMLA, an employee using intermittent or reduced schedule leave may not have the leave entitlement reduced beyond the amount of leave actually taken. The letter restates this existing requirement of the Act.
Worth considering
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Our suggestionOpening summary
the period during which the school is closed is not counted as FMLA leave, unless the employee was scheduled and expected to work during the period and used FMLA leave for that time
Consider reviewing how your leave tracking or human resources system handles partial-week closures for employees on intermittent or reduced schedule FMLA leave, so closure time is not charged unless the employee was scheduled and expected to work.
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Our suggestionOpinion
the employer school should not deduct time for that day from the employee’s FMLA entitlement
Consider checking recent closure days (such as weather days) to see whether FMLA leave was charged to employees on intermittent leave for time the school was closed.
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Our suggestionOpinion
on a “make up” day must be evaluated independently of the day that “make up” day replaces.
Consider telling supervisors that FMLA leave requests for make-up days should be reviewed on their own merits.
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Our suggestionNote (end of letter)
This opinion is based exclusively on the facts and circumstances described in your request
Consider comparing your own facts to the requester's before relying on the letter, since WHD says different facts might lead to a different answer.
Open questions
The source leaves these open. We'll update this record if a later document answers them.
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Does WHD apply the same reasoning to partial-week closures at employers that are not schools?
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Would the answer on make-up days change if a school's make-up days were not scheduled to meet instructional-hour requirements?
Related changes
History
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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)