In an effort to address longtime ambiguities in the law, the Department of Labor (DOL) recently released an opinion letter dated January 5, 2026 clarifying that travel time to and from a medical appointment for treatment of a serious medical condition qualifies as protected leave under FMLA. This means that travel to and from a patient’s home or work to a medical provider is protected under FMLA.
The DOL letter also confirms that a healthcare provider need not provide an estimate of travel time to complete the FMLA certification process reasoning that required travel time to and from an appointment is not typically within a provider’s knowledge or part of a clinical assessment. In the past, some employers had informally requested or expected providers to address travel related absences in certifications, but the recent DOL opinion makes clear that certifications are complete without including details regarding duration of travel.
While the DOL emphasizes that travel time is generally protected as an integral part of obtaining necessary treatment, it clarifies that FMLA protection does not extend to travel that is unrelated to the serious health condition such as running errands or other detours to and from a medical appointment. Employers may reasonably question or require the employee to explain or substantiate the time claimed if it appears excessive.
FMLA at a Glance
The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees up to 12 weeks of unpaid, job protected leave in a 12-month period.
To Qualify an Employee Must:
- Work for a covered employer
- Have worked for the employer at least 12 months
- Have worked at least 1,250 hours in the last 12 months
- Work at a location where the employer has 50+ employees within 75 miles
Covered Reasons for FMLA Leave:
- Birth of a child and to care for a newborn (within the first year)
- Placement of a child for adoption or foster care (within the first year)
- To care for a spouse, child, or parent who has a serious health condition
- An employee’s own serious health condition
- Up to 26 weeks in a 12-month period to care for a covered service member (spouse, child, parent, or next-of-kin) with a serious injury or illness related to military service
* Overnight hospital stay
* Incapacity (can’t work or do regular daily activities) for more than 3 consecutive days plus ongoing treatment by a doctor
* Chronic conditions (like asthma, diabetes, epilepsy, cancer, etc.)
* Pregnancy or prenatal care complication
Key Points to Know:
FMLA Leave is unpaid, but an employee (or the employer) can usually use paid vacation, sick days, or other paid leave at the same time.
FMLA Leave can be taken all at once, intermittently (a day or two here and there), or as a reduced schedule (shorter hours some days) if medically necessary.
Job protection means reinstatement to the same or equivalent job (same pay, benefits, duties).
Group health coverage continues during the leave although an employee may have to pay their share of premiums.
Employees provide 30 days’ notice of needing to take FMLA leave when foreseeable; as soon as possible if it’s sudden.
An employer may request medical certification such as a doctor’s note (using DOL form WH-380) to verify the condition.
Travel time to and from medical appointments is protected.
Contact an Experienced Employment Law Attorney for Help
Although FMLA law is straightforward, violations are not uncommon. Employers denying or interfering with FMLA rights or retaliating against an employee for requesting or taking FMLA leave is not uncommon. When you have been denied FMLA, been wrongfully terminated or suffered harassment or discrimination related to your FMLA request, it is important to seek help. Contact the employment law attorneys of Alan C. Olson & Associates for assistance at 262-785-9606.
