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Employment Law Update: U.S. Department of Labor Clarifies FMLA Travel Time

In an Opinion Letter issued on January 5, 2026 (FMLA2026-2), the Department of Labor (DOL) clarified that time spent away from employment for travel to and from medical appointments is protected under the Family and Medical Leave Act (FMLA). This protection also extends to travel arising when, for example, an individual transports a family member for medical or dental care during the workday.

Employers covered by the FMLA have a well-established right to require certification by a health care provider substantiating an employee’s medically based need for a work absence or intermittent leave. The Opinion Letter clarifies that the certification need not include information detailing the expected travel time necessary to seek FMLA treatment, nor does an employee need to provide a separate certification identifying the required travel time.

The Opinion Letter reflects great deference to an employee’s travel choice decision and the location at which the treatment occurs. The example shared in the Opinion Latter involves an employee having a one hour – each way – travel time to a medical appointment during the workday. The Letter cautions, however, that if the employee stops on the way to or from medical care to perform any other task, the additional time is not protected, and discipline for unexcused absence can be issued for the unprotected aspect of the travel.

The Opinion Letter also states that an employee is also FMLA-protected in travel when assisting an immediate family member in their travel for an FMLA protected event. Thus, an employee who travels an hour to pick up a parent for an appointment can be protected for the one-hour drive to the parent, then one-hour travel to the medical appointment, the one-hour appointment, the one-hour back to the parent’s home, and one hour back to work, for a total of five protected hours.

It is unlikely that the Opinion Letter alters the practice already observed by most employers. The Letter does, however, serve the purpose of emphasizing the very broad scope of employee protection in the exercise of FMLA rights. For questions on the impact of this Opinion Letter on your FMLA policies and practices, please reach out to any member of Whiteford’s Labor and Employment Section.

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