On January 5, 2026, the U.S. Department of Labor's Wage and Hour Division (DOL) issued Opinion Letter FMLA2026-2, confirming that eligible employees may use Family Medical Leave Act (FMLA) leave for time spent traveling to and from medical appointments related to their own serious health condition or that of a qualifying family member. Further, DOL determined that a medical certification need not estimate or specify travel time for the certification to be complete and sufficient.
Background
The FMLA entitles eligible employees of covered employers to up to 12 workweeks of unpaid, job‑protected leave in a 12‑month period for specified reasons, including the employee's own serious health condition or to care for a covered family member with a serious health condition, with continuation of group health coverage on the same terms as if the employee had not taken leave. Employees may take intermittent or reduced‑schedule leave when medically necessary, including for periodic medical appointments. An employer may require employees to provide medical certification to support the leave. Employees must consult with employers to schedule planned treatment to minimize disruption and provide advance notice where feasible. Employers are prohibited from interfering with, restraining, or denying the exercise of FMLA rights.
The request described employees taking planned intermittent or reduced-schedule FMLA leave for medical appointments occurring at locations "some distance" from the home or workplace, including, for example, an employee whose physician certified monthly 45‑minute appointments without addressing the additional one hour of travel needed for each visit.
Travel Time to and From Appointments Qualifies as FMLA Leave
DOL concludes that FMLA leave appropriately covers time spent obtaining care and continuing treatment, which by necessity includes travel time to and from appointments with a healthcare provider for the employee's own serious health condition; accordingly, such travel time, along with the appointment itself, may be counted as FMLA leave. The same principle applies when an employee travels to accompany a qualifying family member to medical appointments to diagnose, monitor, or treat a serious health condition, as "care" includes assisting a family member who is unable to transport themselves to the doctor.
Notwithstanding broad coverage for travel time, the opinion letter states the FMLA does not cover travel time unrelated to the serious health condition, and employees may be subject to ordinary attendance rules. Neither the statute nor regulations contemplate that healthcare providers will estimate or certify travel time, so a certification that omits travel time can still be complete and sufficient because travel duration is generally outside the provider's knowledge.
What This Means for Employers
Employers should treat qualifying travel time associated with FMLA‑covered treatment as protected intermittent or reduced‑schedule leave and should count such time against the employee's FMLA entitlement, even when the medical certification does not address travel duration. Policies and procedures should reinforce compliance with notice requirements and scheduling of planned treatment to minimize operational disruptions, while avoiding practices that could discourage the use of FMLA leave. Certification review protocols should focus on the sufficiency of medical facts establishing the serious health condition and medical necessity for intermittent leave, without seeking provider estimates of travel time.
Practical Tips for Employers
- Ensure timekeeping systems can capture partial‑day absences for travel to and from appointments.
- Revise designation notices to reflect that travel time associated with covered treatment is FMLA‑protected.
- Train managers not to penalize protected travel time under attendance policies.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
