Human resources professionals and management teams regularly field questions about intermittent FMLA leave, especially when medical appointments are involved.
A new opinion letter from the U.S. Department of Labor (DOL) provides welcome clarity, and it matters for day-to-day leave administration.
The Bottom Line
FMLA leave can cover travel time to and from qualifying medical appointments. And no, a medical certification does not need to spell out travel time for that leave to be valid.
What the DOL Clarified
In a January 5, 2026 opinion letter, the DOL confirmed two important points:
1. Travel time counts as FMLA leave when it’s tied to medical care.
If an employee has a serious health condition, or is caring for a qualifying family member with one, FMLA leave may be used not only for the health-related appointment itself, but also for the time reasonably spent traveling to and from that appointment. That applies whether the appointment is close by or some distance away.
This applies to intermittent and reduced-schedule leave, which many employees use for recurring treatments like dialysis, physical therapy, chemotherapy, or specialist visits.
2. Medical certifications do not need to include travel details.
Employers may require medical certification to support FMLA leave, but the certification doesn’t have to estimate or even address travel time. The DOL was explicit that health care providers are not expected to document how long it takes your employee to get to or from an appointment.
A certification can be complete and sufficient even if it only addresses the appointment itself.
What This Means for Employers
This guidance reinforces several practical takeaways:
- Don’t deny FMLA leave simply because the certification doesn’t mention travel time.
- Count reasonable travel time connected to medical treatment against the employee’s FMLA entitlement.
- Continue to enforce notice and scheduling rules, including advance notice when possible and efforts to minimize workplace disruption.
- Remember that FMLA doesn’t protect unrelated activities. FMLA leave doesn’t cover side trips, errands, or personal stops before or after an appointment so they don’t have to be treated as FMLA leave.
For a broader overview of FMLA rights and obligations, including eligibility and qualifying reasons for leave, you may also want to revisit our earlier FMLA Refresher post.
Important Practice Pointer For FMLA Abuse
The DOL also made clear that FMLA leave isn’t a free-for-all. Leave is protected only when the time off is actually attributable to the serious health condition or qualifying care.
Employers still may address misuse and take disciplinary action when absences are unrelated.
Why This Matters
Travel-time disputes are a common source of friction between HR and employees. The DOL’s opinion letter gives employers clearer footing and reduces guesswork. It also underscores the importance of consistent FMLA administration and well-trained managers who know when to loop in HR before denying leave.
Intermittent leave requests can expose gaps in even well-written FMLA policies. If you’d like a practical review of your policies, manager training, or current leave practices in light of this new guidance, we’re ready to step in.
If you have any questions, please reach out at 716.839.9700 or email us at info@coppolalegal.com. We’re here to help.
