Labor & Employment Developments Blog

The United States Department of Labor (DOL) has resolved a long-standing and frequently litigated issue under the Family and Medical Leave Act (FMLA): whether intermittent FMLA leave includes time spent traveling to and from approved medical appointments. In a January 2026 opinion letter, the DOL confirmed that such travel time is FMLA-protected. 

Background

When medically necessary, FMLA leave may be taken intermittently or on a reduced schedule, including for medical appointments related to a qualifying condition. While it has long been settled that FMLA leave covers time spent in the medical appointment itself, neither the statute nor its implementing regulations expressly addressed whether travel time was also protected. Prior to the opinion letter, case law on this issue was limited and the DOL had not issued formal guidance.

DOL’s Position: Travel Time is FMLA-Protected

The DOL concluded that travel time associated with a qualifying medical appointment is part of FMLA-protected leave. The agency explained that “[p]art and parcel of obtaining care and continuing treatment from a medical provider may require the employee to travel to the provider’s location.” Accordingly, eligible employees may take FMLA leave for time spent traveling to and from a healthcare provider for treatment of their own serious health condition or that of a covered family member.

Limits on Covered Travel

The DOL emphasized that FMLA coverage is limited to travel directly related to the qualifying medical appointment. Time spent on unrelated activities is not FMLA-protected. For example, if an employee attends a medical appointment but then stops to run errands or go to lunch before returning to work, the time spent on those unrelated activities is not covered by the FMLA. Employers may continue to discipline employees for absences that are not attributable to a serious health condition or qualifying caregiving activity. Notably, the opinion letter does not address whether stops that are arguably related to medical care – such as picking up a prescription at a pharmacy – would qualify as covered travel time.

Medical Certification and Travel Time

Employers may require employees to submit a medical certification supporting the need for FMLA leave. A sufficient certification must include statutory information such as the date the serious health condition began, its probable duration, and appropriate medical facts within the healthcare provider’s knowledge. However, medical certification need not reference or estimate travel time for that time to be protected, as healthcare providers generally lack knowledge of an employee’s commute or transportation logistics. Employers therefore may not deny FMLA protection for travel time solely because it is not included in the certification.

Scheduling Obligations Still Apply

The opinion letter also reinforces a commonly overlooked requirement: when leave is foreseeable for planned medical treatment, employees must consult with their employers and make reasonable efforts to schedule appointments in a manner that minimizes workplace disruption, subject to approval by the healthcare provider.

Key Takeaways for Employers

This guidance provides clarity but underscores the importance of careful administration of intermittent FMLA leave. Employers should update FMLA policies and practices to reflect that travel time to and from qualifying medical appointments may be protected. Additionally, employers should train managers and HR personnel on the limits of covered travel time and potential misuse and continue to require and review medical certifications for statutory sufficiency. KMK’s Labor & Employment team is available to assist employers with compliance challenges involving intermittent FMLA leave.