DOL Clarifies FMLA Leave and Travel Time

The Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take up to 12 work weeks of unpaid, job-protected leave during a 12-month period for, among other reasons, the treatment of the employee’s own serious health condition or to care for a parent, child, or spouse with a serious health condition. Leave may be taken intermittently or on a reduced-leave schedule when “medically necessary”.

The US Department of Labor (DOL) recently issued an opinion letter, explaining employees may use leave under the FMLA not only to attend qualifying medical appointments, but also for the time spent traveling to and from those appointments. Notably, employers may not require a health care provider to estimate travel time as part of an FMLA medical certification.

Ogletree Deakins:
From Door to Doctor: DOL Clarifies That FMLA Leave Covers Travel Time