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The Employer Handbook Blog
How to Calculate FMLA Leave for Employees on Unusual Schedules (Like 12-Hour Shifts with Mandatory Overtime)
When your employees do not work a standard 9-to-5 schedule, calculating their Family and Medical Leave Act (FMLA) entitlement can get tricky. A new opinion letter from the U.S. Department of Labor clarifies how to handle it, especially when mandatory overtime and optional extra shifts are part of the mix.
TL;DR: The Department of Labor says that when calculating Family and Medical Leave Act (FMLA) entitlements for employees who work nontraditional schedules, such as correctional officers on a 12-hour Pitman schedule with mandatory overtime, employers must base the FMLA hours on the actual, normally scheduled workweek, including mandatory overtime but excluding voluntary extra hours.
đź“„ Read the opinion letter (FMLA2025-02-A)
The scenario: 12-hour shifts, mandatory overtime, and optional extra work
An employer of correctional law enforcement officers asked the Department of Labor’s Wage and Hour Division how to calculate FMLA entitlements for employees who work a “Pitman Schedule,” meaning 12-hour shifts across a two-week cycle, with mandatory overtime and the option to pick up additional voluntary hours.
The employer’s question: Should the FMLA entitlement be based on the total scheduled hours (including mandatory overtime) or also include potential voluntary hours employees sometimes pick up?
The DOL’s answer: Use the actual workweek, not the hypothetical one
The DOL confirmed the correct approach is to calculate FMLA entitlement based on the employee’s actual, normally scheduled workweek:
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âś… Include mandatory overtime because those hours are part of the regular schedule.
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đźš« Exclude voluntary hours because employees are not required to work them, so they do not count toward entitlement.
In this case, the employer’s conversion of 12 workweeks to 504 hours was consistent with the law. Here is how that number is calculated:
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The employee works 84 hours every two weeks (which equals an average of 42 hours per week).
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The FMLA provides 12 workweeks of leave per year.
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Multiply 42 hours per week Ă— 12 workweeks = 504 hours.
That total represents the number of FMLA-protected hours the employee can use during the employer’s 12-month leave year.
The same logic applies when deducting FMLA leave used. If an employee misses time that would have been part of their required schedule, that counts against the entitlement. But if they miss optional voluntary hours, it does not.
A practical example from the letter
“Mark,” a correctional officer, works a fixed schedule requiring 84 hours every two weeks (including mandatory overtime). He is entitled to 504 hours of FMLA leave.
If Mark uses 2.5 hours of FMLA leave for a doctor’s appointment during his scheduled shift, he is left with 501.5 hours remaining.
Whether or not he chooses to pick up voluntary extra hours that week does not affect his FMLA balance.
Employer takeaways
âś… Base FMLA hours on actual scheduled workweeks, not hypothetical or potential hours.
âś… Include mandatory overtime in both entitlement and usage.
âś… Exclude voluntary overtime from both entitlement and usage.
âś… Document schedules clearly so you can justify your calculations if challenged.
âś… Train supervisors not to penalize employees for missing optional shifts while on FMLA leave.
Why this matters
Miscounting FMLA hours, especially for employees with complex schedules, can expose employers to interference or retaliation claims. The safest approach is to stick to what is scheduled, not what is possible. Your calculation should reflect reality, not potential voluntary hours.