The U.S. Department of Labor (DOL) has issued a significant opinion clarifying that employees are entitled to use leave under the Family and Medical Leave Act (FMLA) not only for the time spent at medical appointments but also for the time spent traveling to and from these appointments. This clarification applies both to medical appointments related to an employee’s own serious health condition and to those of a qualifying family member. 

This guidance from the DOL’s Wage and Hour Division stemmed from an inquiry regarding whether travel time associated with medical appointments could be counted as FMLA-protected leave, especially in cases where medical certification from a healthcare provider confirms the need for the appointment but does not specify travel time. In the scenario presented, the DOL opined that FMLA leave may indeed be used for travel time to and from a medical appointment when it relates to a serious health condition of the employee or a qualifying family member. Specifically, the DOL reasoned that, “in defining ‘serious health condition’ to incorporate immediate medical treatment of, as well as ongoing care for, said condition, the statute makes clear that FMLA leave is appropriately used for time spent in medical appointments to diagnose, monitor, address, or treat an employee’s serious health condition. Part and parcel of obtaining care and continuing treatment from a medical provider may require the employee to travel to the provider’s location.” 

The DOL further clarified that a healthcare provider is not required to estimate or certify the amount of travel time needed to reach or return from the medical appointment for the medical certification to be considered complete and sufficient under FMLA. This means that as long as the need for the medical appointment is properly certified, the time spent traveling to and from the appointment is also protected, even if the certification does not address travel time specifically. 

Below are a few key compliance best practices for employers to consider:  

• Confirm employee eligibility for FMLA leave. 

• Obtain medical certification from a health care provider for the serious health condition requiring appointments. 

• Do not require medical certification to specify or estimate travel time; certification of the medical need is sufficient. 

• Count time spent traveling to and from medical appointments as FMLA-protected leave. 

• Maintain accurate records of FMLA leave used, including time used for travel to appointments. 

• Communicate FMLA protections clearly to employees, including their right to use leave for travel associated with treatment. 

Overall, this opinion provides important guidance for ensuring that employees do not face obstacles in using FMLA leave for necessary medical care, particularly when appointments are at locations some distance from their homes or workplaces. The DOL’s position reinforces the core FMLA principle of job-protected leave for serious health conditions, extending that protection to the travel required for treatment.