Department of Labor Clarifies That Medical Certifications Do Not Need to Include Travel Time to Medical Appointments for Such Time to Be Covered Under The FMLA
John Agbonika, Associate
On January 5, 2026, the U.S. Department of Labor (“DOL”) issued an opinion letter[1] explaining that leave taken under the Family and Medical Leave Act (“FMLA”) to attend medical appointments may include the time spent traveling to and from the appointment. This is true even when an employee’s medical certification from a health care provider confirms the need for the appointment but does not address the associated travel time.
Background
In the opinion, employer requested clarification on whether travel time to and from medical appointments is covered and counts against an eligible employees FMLA entitlement. The employer indicated that some of its employees took FMLA leave to attend medical appointments, including appointments located far from home or work. In one instance, an employee submitted a medical certification stating that the employee would attend a 45-minute medical appointment once per month. Although this employee indicated that travel to or from the appointment required one hour, the medical certification did not address this travel time.
FMLA Leave Basics
The FMLA entitles eligible employees to take unpaid, job-protected leave for specified family and medical reasons, including leave to attend medical appointments related to serious health conditions[2] for themselves and qualifying family members.[3] When dealing with requests for FMLA leave, an employer may require its employees to provide a medical certification supporting the need for the FMLA leave, which may include likely periods of absences, and verify that an employee or the employee’s family member has a serious health condition.[4] A “sufficient certification” must include “the date on which the serious health condition commenced,” “the probable duration of the condition,” and “the appropriate medical facts within the knowledge of the health care provider regarding the condition.”[5]
The DOL’s Opinion
The DOL explained that obtaining care and continuing treatment from a medical provider may require the employee to travel to the provider’s location. As a result, FMLA leave may cover not only the time spent at the medical appointment, but also the time traveling to and from the appointment.
The DOL further clarified that a medical certification does not need to include travel time to be complete and valid under the FMLA. While the FMLA allows employers to request “medical facts within the knowledge of the health care provider regarding the condition,” [6] a healthcare provider’s knowledge does not typically extend to the travel time necessary for a patient to travel to and from an appointment. Therefore, eligible employees may use FMLA leave that counts against FMLA entitlement to cover travel to or from a medical appointment for a serious health condition related to themselves or a qualifying family member.
At the same time, the DOL emphasized that the FMLA does not protect misuse of leave. Time spent on personal travel or activities unrelated to the medical appointment is not covered by the FMLA.
Key Takeaways
This guidance provides clarity on how to treat travel time associated with FMLA-covered medical appointments. Employers should ensure that they allow employees sufficient time to attend their FMLA-covered appointments without receiving discipline, but employers should also understand that abuses of the time needed to travel to an FMLA appointment may be grounds for disciplinary action.
[1] https://www.dol.gov/sites/dolgov/files/WHD/opinion-letters/FMLA/FMLA2026-2.pdf
[2] A serious health condition is an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider. 29 U.S.C. § 2611(11); 29 C.F.R. § 825.113.
[3] See generally 29 U.S.C. §§ 2612– 2614. This coverage extends to employees catering to family members’ serious health condition or serious injury or illness.
[4] See 29 U.S.C. § 2613(a); 29 C.F.R. §§ 825.305(a), 825.306.
[5] See 29 U.S.C. § 2613(b); see also 29 C.F.R. § 825.306 (content of medical certification).
[6] 29 U.S.C. § 2613(b)(3).