KBS Reference Desk: Counting Days for FMLA

Q: Several employees in my District are currently on FMLA leave. Is it permissible to count the two (2) weeks the District is closed for Winter Break against the employees’ FMLA leave?

A:  No. When a school district closes for Winter Break, it may not count the days it is closed for business against an employee’s FMLA leave, unless the employee is scheduled to work during the closure.

The Family Medical Leave Act (FMLA) permits eligible employees to take up to 12 workweeks of leave in a single 12-month period. Whether a particular holiday may be counted against an employee’s FMLA leave depends on a few factors. However, in the above example—where the district is closed for one, multi-week holiday period during the winter—the district is prohibited from counting any of the days it is closed for business against an employee’s FMLA leave, unless the employee was otherwise scheduled to work during the closure, such as a security guard or maintenance staff.

For other holidays, the answer will depend on a few factors, such as the incremental frequency of an employee’s FMLA leave or the length of time the district is closed for a given holiday. For example, if an employee is using FMLA leave in increments of a week or longer, the fact that the district is closed for one day during a week will have no effect—the entire week is counted against the employee’s FMLA leave. On the other hand, “if an employee is using FMLA leave in increments of less than one week, the holiday will not count against the employee’s FMLA entitlement unless the employee was otherwise scheduled and expected to work during the holiday.” For specific questions about calculating FMLA leave, please contact your local school attorney.  

Related Posts

Recent Articles

KBS Reference Desk: On Call Employees Over Holidays
December 17, 2021
KBS Reference Desk: Holiday Decorations
December 10, 2021
KBS Reference Desk: Removal of Library Books
December 3, 2021
KBS Reference Desk: Attendance Waivers
November 19, 2021
KBS Reference Desk: HB 103 Texas Active Shooter Alert
November 12, 2021
KBS Reference Desk: Remote Learning and ADA-Funding
November 5, 2021
KBS Reference Desk: CBD Oil
October 29, 2021
KBS Reference Desk: Temporary Custodians of Record – TPIA
October 22, 2021
KBS Reference Desk: Dyslexia Handbook Update
October 15, 2021
KBS Reference Desk: Peace Officer Legislation
October 8, 2021
KBS Reference Desk: HB 1525 PTO Donations
October 1, 2021
KBS Reference Desk: State Certifications Update – SB 13 & SB 19
September 24, 2021
KBS Reference Desk: Accelerated and Supplemental Instruction HB 4545
September 17, 2021
KBS Reference Desk: Active Threat Excercises
September 10, 2021
KBS Reference Desk: HB 1927 Firearms
September 3, 2021
KBS Reference Desk: Remote Participation in Board Meetings
August 27, 2021
KBS Reference Desk: Waiving Minimum Attendance Requirements for Seriously Ill Students
August 20, 2021
KBS Reference Desk: Inquiring About Vaccine Status
August 13, 2021
KBS Reference Desk: Temporary Suspension of TPIA due to Catastrophe
August 6, 2021
KBS Reference Desk: Standard for Reporting Child Abuse and Neglect
July 30, 2021
KBS Reference Desk: Bullying Policies and Reporting SB 2050
July 23, 2021
KBS Reference Desk: Homeschoolers and UIL
July 16, 2021
KBS Reference Desk: TOMA Suspension Extension
July 9, 2021
KBS Reference Desk: Revision to Resignation without Penalty Deadline
July 2, 2021
KBS Reference Desk: SB 179 School Counselors
June 25, 2021