DOL Confirms FMLA Leave Time May Be Used for Travel to and From Medical Appointments

The DOL has issued an opinion letter resolving the often-contested issue of whether an employee may use Family and Medical Leave Act time off to travel to and from medical appointments. The answer was yes--because it's often necessary for an otherwise FMLA-eligible employee to travel to and from their medical appointments, FMLA leave may be allocated to that travel time (not only to the medical appointment itself). FMLA leave may always be taken intermittently if needed. However, the question of whether driving or travel time qualifies was not clearly answered until now. Nevertheless, FMLA time may not be used for unrelated stops along the way. The employer may require the employee to submit a medical certification, but that certification does not have to contain the time necessary for the employee to travel to and from the medical appointment (recognizing that the medical provider may not have that information). Employees are required to consult their employers and attempt to schedule appointments at a time that minimizes disruptions. For more information on the rules governing FMLA leave, visit Tax Facts Online. Read More: Link to Q3640.03.