On January 5, 2026, the U.S. Department of Labor's Wage and Hour Division (DOL) issued Opinion Letter FMLA2026-2, confirming that eligible employees may use Family Medical Leave Act (FMLA)...

On January 5, 2026, the U.S. Department of Labor's Wage and Hour Division (DOL) issued Opinion Letter FMLA2026-2, confirming that eligible employees may use Family Medical Leave Act (FMLA) leave for time spent traveling to and from medical appointments related to their own serious health condition or that of a qualifying family member. Further, DOL determined that a medical certification need not estimate or specify travel time for the certification to be complete and sufficient.

Background

The FMLA entitles eligible employees of covered employers to up to 12 workweeks of unpaid, job‑protected leave in a 12‑month period for specified reasons, including the employee's own serious health condition or to care for a covered family member with a serious health condition, with continuation of group health coverage on the same terms as if the employee had not taken leave. Employees may take intermittent or reduced‑schedule leave when medically necessary, including for periodic medical appointments. An employer may require employees to provide medical certification to support the leave. Employees must consult with employers to schedule planned treatment to minimize disruption and provide advance notice where feasible. Employers are prohibited from interfering with, restraining, or denying the...

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