The U.S. Court of Appeals for the 1st Circuit recently clarified how holidays should be counted for purposes of Family and Medical Act Leave (FMLA). In Mellen v. Trustees of Boston College, an employee was terminated after she failed to return to work at the conclusion of her FMLA leave. She challenged her termination, claiming that her leave had not expired. She contended that the college improperly included holidays in the calculation of the amount of FMLA leave she had taken and that this was incorrect since the holidays were not “work days” and were not “leave from work.” The court disagreed, holding that any holiday that falls within a full week of FMLA leave should be counted as a day of FMLA use. In contrast, a holiday that falls in a week in which an employee uses intermittent leave under FMLA should not be counted.