The Department of Labor (DOL) has continued to emphasize a key point when it comes to the Family and Medical Leave Act (FMLA): how you calculate leave matters, and so does how clearly you explain it to employees.

While FMLA has been around for decades, misunderstandings about how leave is tracked and calculated remain one of the most common compliance pitfalls for employers.

So, how is FMLA leave calculated?

Eligible employees are entitled to up to 12 workweeks of unpaid, job-protected leave in a designated 12-month period (26 weeks for military caregiver leave). That sounds straightforward, but complications can arise depending on:

• The employer’s chosen 12-month calculation method
• Whether leave is taken continuously or intermittently
• The employee’s regular work schedule

The DOL allows employers to choose one of four methods for calculating the 12-month period but, once you choose one, you must apply it consistently and communicate it clearly.

A major focus from the DOL is not just how leave is calculated, but whether employees understand it. Employers are expected to:

• Clearly explain how FMLA leave is tracked
• Notify employees in writing when leave is designated as FMLA-qualifying
• Inform employees how much leave will be counted against their FMLA entitlement

This information should be shared through required FMLA notices, employee handbooks, and individual designation notices—not left for employees to guess.

Common Missteps

Some of the most frequent issues we see include:

• Failing to explain how intermittent leave is deducted
• Using inconsistent calculation methods across departments
• Not updating employees when leave balances change
• Assuming managers will “handle it verbally”

Unfortunately, these gaps can lead to employee confusion, morale issues, and potential DOL complaints.

To stay compliant and reduce risk, employers should:

• Review your FMLA calculation method annually
• Train managers on what they can (and can’t) say about FMLA
• Use clear, written communication every time leave is designated
• Document everything

When employees understand their rights and what to expect, issues are far less likely to escalate.

If you’re unsure whether your FMLA practices are aligned with DOL expectations or if your policies haven’t been reviewed in a while, Officium can help ensure your approach is compliant, consistent, and employee-friendly. Contact us here to learn more.