DOL Explains How to Properly Calculate FMLA Leave

On September 30, 2025, the U.S. Department of Labor (“DOL”) Wage and Hour Division issued a new opinion letter clarifying how employers should calculate the hourly equivalent of an employee’s available leave under the Family and Medical Leave Act (“FMLA”). The opinion also addresses how FMLA applies to employees whose schedules include both mandatory and voluntary overtime. While the guidance largely reaffirms existing principles, it provides clarification for employers that manage nontraditional or fluctuating work schedules.