For years, HR teams have asked: If an employee has a 30-minute appointment, but it takes them an hour to get there, is that drive time Family Medical Leave Act (FMLA)-protected? The Department of Labor (DOL) just gave us a definitive answer in Opinion Letter FMLA2026-2. For employers, this is both a compliance requirement and a valuable tool for more accurate leave tracking.
Protected Time: Travel Time
The DOL has clarified that travel is “part and parcel” of receiving treatment. FMLA officially covers an employee who is going to their own dialysis treatment or driving a parent to a specialist.
Here is a detailed summary of the DOL’s Opinion Letter FMLA2026-2 and what it means for employers:
Key Takeaways from the DOL Opinion Letter (FMLA 2026-2):
FMLA Leave Covers Travel Time for Medical Appointments:
- Employees are entitled to use FMLA leave for time spent at medical appointments related to their own or a qualifying family member’s serious health condition. They can also use it for reasonable travel time to and from such appointments.
- This applies when the employee is the patient. It also applies when the employee is accompanying a family member who cannot transport themselves due to a serious health condition.
Medical FMLA Certification Does Not Need to Include Travel Time:
- Employers may require a medical certification to support the need for FMLA leave. Still, the certification does not need to specify or estimate the amount of travel time required.
- The DOL recognizes that healthcare providers are not expected to know, or to certify, how long it takes an employee to travel to and from appointments.
FMLA Leave Only Covers Time Directly Related to Medical Care:
- Only the time spent traveling to and from the medical appointment and the appointment itself are protected.
- Time spent on unrelated personal activities (e.g., errands, leisure stops) during the same absence is not covered by FMLA. It should not count against the employee’s FMLA entitlement.
Examples Provided by the DOL:
- If an employee needs to travel to receive dialysis or to take a family member to a doctor’s appointment, all reasonable travel and waiting time associated with the appointment is FMLA-protected.
- If an employee combines a medical appointment with unrelated activities (such as shopping), only the time for the appointment and related travel is protected.
Employer Responsibilities:
- Employers must count reasonable travel time to and from medical appointments as FMLA leave, even if the medical certification does not mention travel time.
- Employers should not interfere with or discourage employees from using FMLA leave for this purpose.
- FMLA policies and training should be updated to reflect this clarification, and HR/management should be prepared to distinguish between protected and non-protected time.
What This Means for Employers:
- Policy Updates: Review and update your policies and procedures to explicitly allow travel time to and from medical appointments as FMLA leave.
- Manager and HR Training: Train managers and HR staff to recognize that travel time for medical appointments is protected, and that medical certifications do not need to specify travel time.
- Leave Administration: When calculating leave usage, include reasonable travel time associated with medical appointments, but exclude time spent on unrelated personal activities.
- Documentation: Do not require healthcare providers to estimate or certify travel time on FMLA medical certifications.
- Compliance: Ensure you do not interfere with, restrain, or deny employees’ rights to use FMLA leave for this purpose, as doing so could result in legal liability.
Drawing a Hard Line on “Misuse”
While the drive to the doctor is protected, the drive to the grocery store is not. The DOL was clear: FMLA leave does not encompass stops for unrelated activities.
- Example: If an employee takes 3 hours for a 1-hour appointment because they “stopped at the library and did some shopping,” the extra hour spent on those errands is not protected.
Incorporating travel time into your FMLA tracking is essential for full legal compliance. It provides a more accurate view of how leave is being utilized within your organization. Please contact your HR Business Partner for assistance with updating your company’s FMLA policy.
Questions? Contact Nextep’s HR experts to walk through your individual situation.
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