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DOL says holiday weeks could be a potential FMLA land mine

October 2023 employment law letter
Authors: 
Rodney L. Bean and Shelby A. Hicks-Merinar, Steptoe & Johnson PLLC

For many, Labor Day weekend represents the last bastion of summer. It also ushers in a season of holidays, celebrations, and shortened workweeks throughout fall and winter. Earlier this year, the Department of Labor (DOL) published an opinion letter cautioning employers to be wary of how and when to calculate an employee’s Family and Medical Leave Act (FMLA) leave during a holiday week. Like most other FMLA-induced headaches, the answer to this question isn’t necessarily intuitive, so here’s what employers need to know about FMLA leave usage during a holiday week.

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