DOL Confirms FMLA Coverage For Travel Time To Medical Appointments – Employee Rights/ Labour Relations

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.