DOL Confirms FMLA Leave Includes Travel Time
A recent opinion letter from the U.S. Department of Labor (DOL) provides important clarification for employers administering Family and Medical Leave Act (FMLA) leave. According to the DOL, eligible employees may use FMLA leave not only for qualifying medical appointments, but also for the reasonable time spent traveling to and from those appointments.
What the DOL Clarified
The FMLA allows eligible employees of covered employers to take up to 12 weeks of unpaid, job-protected leave for certain reasons, including treatment for a serious health condition or caring for a qualifying family member with a serious health condition. Leave may be taken intermittently when medically necessary, such as for recurring medical appointments.
While FMLA regulations did not previously address travel time, the DOL’s opinion letter confirms that travel is often an inherent part of receiving medical care. When travel is directly connected to a covered medical appointment, that time is protected under the FMLA. For example, if an employee has weekly one-hour physical therapy for which they seek intermittent FMLA leave, they may request that hour plus the time required to get to and from the appointment.
Medical Certifications and Travel Time
The DOL also clarified that while employers may require medical certifications to support a request for intermittent FMLA leave (including for medical appointments), the certifications do not need to include estimates of travel time to be considered complete and sufficient. Certifications are limited to medical facts within a provider’s knowledge, and health care providers typically do not know how long an employee’s commute may be.
Importantly, time spent away from work for reasons unrelated to a qualifying medical appointment—such as personal errands—is not protected by the FMLA and may be handled under an employer’s normal attendance policies.
What This Means for Employers
Employers may wish to consider a review of their leave and attendance practices to ensure compliance with this guidance. That includes recognizing qualifying travel time as part of intermittent FMLA leave, properly evaluating medical certifications without requesting travel estimates and clearly distinguishing protected leave from non-protected absences.
The employment attorneys at Martin Pringle regularly advise employers on FMLA obligations and best practices. If you have questions about FMLA compliance or leave administration, contact our employment law team to discuss your policies or a specific leave issue.
