How FMLA Leave Is Calculated — and What Counts Toward Your Time Off

If you’re planning to take time off under the Family and Medical Leave Act (FMLA), it’s important to understand how your leave is calculated, what qualifies, and how to navigate the process.

Tracking FMLA leave isn’t always straightforward, but understanding your rights can make a major difference.

In this guide, we’ll walk you through the basics so you can make informed decisions about your time off.

What You Get Under FMLA

If you qualify for FMLA leave, you're entitled to:

• Up to 12 workweeks of unpaid leave in 12 months
• Up to 26 workweeks for military caregiver leave
• Continuation of your group health benefits
• The right to return to your same or a comparable job

Importantly, the amount of leave you’re eligible for is based on your actual workweek, not a fixed number of hours for everyone.

How FMLA Leave Is Counted

Here’s how your leave entitlement is calculated:

• If you work 40 hours per week, you get 480 hours of FMLA leave (12 x 40).
• If you work 50 hours per week, you accumulate 600 hours (12 weeks x 50 hours).
• If you work 30 hours per week, you earn 360 hours (12 weeks x 30 hours).

The formula is simple:

Take your average weekly hours and multiply them by 12 to find your total annual FMLA hours.

Taking Less Than a Full Week Off

You don't have to take FMLA leave all at once. You can use it:

• By the full day
• By the half-day
• Even by the hour (if your employer permits)

Example:

If you normally work 30 hours a week and you take 10 hours off, you’ve used about one-third of a week of your FMLA leave.

What If Your Schedule Varies?

If your work hours change from week to week, as is common in seasonal, rotating shift, or variable schedule jobs, your employer can use a 12-month average to determine your FMLA entitlement.

They will total your hours (including any type of leave) from the past year and divide by 52 weeks to calculate your average.

FMLA Leave Only Counts When You’re Scheduled to Work

This is key: Only missed scheduled work time counts against your FMLA leave.

For example:

If your workplace shuts down for repairs, that week does not count against your leave.

If you usually have Fridays off and receive medical treatment on a Friday, it does not count against your FMLA leave.

Overtime and FMLA

Overtime can also affect how FMLA leave is tracked:

• If you are required to work overtime and can’t due to an FMLA-qualifying reason, those missed overtime hours count as FMLA leave.
• If overtime is voluntary and you choose not to work, it usually does not count.

Holidays and FMLA Leave

How holidays factor into FMLA depends on your work schedule:

• If you're taking the entire week off using FMLA, the holiday counts toward your leave.
• If you're only taking part of the week off, the holiday does not count unless you were scheduled to work that day.

Example:

If you’re off Monday and Friday for FMLA and a holiday falls on Wednesday (when you weren’t scheduled to work), the holiday won’t count against your FMLA leave.

Paid Leave and FMLA Can Run Together

Although FMLA leave is typically unpaid, your employer can require, or you can choose, to use paid time off (like vacation or sick leave) at the same time.

Even if you’re receiving pay during your leave, the time still counts against your 12-week FMLA entitlement.

Special Cases

The FMLA is designed to accommodate certain special cases. That’s because it’s impossible to list every unique situation that could prompt you to request this leave.

Let’s take a look.

Physical Impossibility Rule

Sometimes it’s physically impossible to return to or leave work mid-shift — for example, if your shift begins with a departing train or flight.

In these cases, your employer can count the entire shift as FMLA leave, not just the hours missed.

Airline Crew Rules

If you’re an airline flight crew employee, the FMLA gives you up to:

• You’re entitled to 72 days of leave in 12 months
• You can take 156 days for military caregiver leave

• Leave can only be counted in full-day increments, even if you only need part of a day off

   

Don’t Forget Your Rights

Employers can’t retaliate against you for using FMLA or punish you for exercising your rights. If you’re being pushed out, treated unfairly after taking leave, or even denied leave that should’ve been protected, please reach out to Morgan & Morgan today for a free case evaluation. We might be able to step in and fight for your rights.

This information is based on fact sheets provided by the DOL.