February 24, 2026
Department of Labor Clarifies that FMLA Covers Travel Time for Medical Visits
By Leona Hansen
The U.S. Department of Labor (DOL) has clarified that leave under the federal Family and Medical Leave Act (FMLA) includes not only time spent at a qualifying medical appointment, but also travel time to and from the appointment.
The FMLA entitles eligible employees to take unpaid, job-protected leave for reasons including the diagnosis, care and treatment of their own serious health condition and certain family members’ serious health conditions. Employees may take up to 12 weeks of FMLA leave during a 52-week period. When medically necessary, employees may take their leave intermittently (that is, in separate time blocks) or as part of a reduced work schedule.
In a recent opinion letter, the DOL stated that when an eligible employee travels to or from a medical appointment related to the employee’s serious health condition, the employee may use FMLA leave for both the appointment and associated travel time. The same applies when an employee travels with a covered family member to and from a medical appointment related to the family member’s serious health condition.
The FMLA does not protect travel time for events or activities that are unrelated to the serious health condition of the employee or family member. FMLA also does not protect time spent on unrelated activities (such as running errands) along the way to or from a medical appointment.
While employers may require a medical certification to support the need for FMLA leave, they may not require that certification to address travel time, as that information generally falls outside the health care provider’s knowledge. Employers should take note of these clarifications and ensure their FMLA practices reflect this guidance. If you have questions about FMLA leave, please reach out to Chaim Book at cbook@booklawllp.com, Sheryl Galler at sgaller@booklawllp.com, Rebecca Nathanson at rnathanson@booklawllp.com, or Leona Hansen at lhansen@booklawllp.com.
