FMLA compliance can be complex for employers and HR professionals, especially regarding travel time related to medical care. The U.S. Department of Labor (DOL) clarified in Opinion Letter FMLA 2026-2 that, under certain circumstances, travel time to and from medical treatment may qualify as FMLA-protected leave.
The Key Takeaway: Travel May Be Protected
The DOL advised that employees may use FMLA leave for travel that is directly connected to receiving treatment for a serious health condition.
This guidance is important because it reinforces that FMLA protections are not limited only to the appointment itself — they may also include the time necessary to access that care.
When Does Travel Time Qualify Under the FMLA?
- The Employee Must Have FMLA Leave Available
First, the employee must have unused FMLA leave remaining. Travel time counts against the employee’s available FMLA balance.
- The Travel Must Relate to a Serious Health Condition
The travel must be directly tied to treatment or care for a condition that meets the FMLA definition of a serious health condition.
Examples may include travel for:
- Specialized medical treatment
- Diagnostic testing
- Ongoing therapy or follow-up care
Travel for unrelated personal errands or activities would not qualify.
- Covered Travel May Apply to the Employee or a Family Member
The DOL confirmed that travel time may qualify when:
- The employee is traveling for their own serious health condition, or
- The employee is traveling to care for a covered family member, such as a spouse, child, or parent
- Employers May Require Medical Certification
Travel-related leave is not exempt from normal documentation procedures. Employers may still request medical certification to support the need for leave, consistent with existing FMLA rules. Certification may confirm:
- The serious health condition
- The need for treatment
- The need for intermittent or ongoing leave
- Providers Do Not Need to Estimate Travel Time
A key clarification in Opinion Letter FMLA 2026-2 is that health care providers are not required to estimate how long travel will take in the medical certification.
The DOL recognized that providers typically cannot predict travel logistics, and the regulations do not require that level of detail.
Employers should avoid delaying approval simply because travel time is not specifically addressed in the certification.
What Employers Should Do Now
This guidance offers helpful direction but also creates compliance responsibilities. Employers should consider:
- Reviewing FMLA policies to ensure travel time is addressed appropriately
- Training HR and leave administrators on this clarification
- Applying consistent standards when evaluating whether travel is reasonable and medically related
- Avoiding unnecessary certification requests beyond what the law requires
Navigating Compliance with Confidence
Opinion Letter FMLA 2026-2 is an important reminder that even “in-between” time, such as travel, may be protected when tied to serious medical care.
Employers who stay informed and proactive can better support employees while reducing compliance risk.
Please feel free to contact us at Information@idhr.co to discuss how this guidance may apply to your organization.
