A new opinion letter from the U.S. Department of Labor’s (DOL) Wage and Hour Division explains that employees may use leave under the Family and Medical Leave Act (FMLA) not only to attend qualifying medical appointments, but also for the time spent traveling to and from those appointments. Notably, employers may not require a health care provider to estimate travel time as part of an FMLA medical certification.

• Employees may use FMLA leave to attend medical appointments related to serious health conditions for themselves or for a qualifying family member.
• FMLA leave also covers reasonable travel to and from such appointments.
• Medical certifications need not include an estimate of travel time to be complete and sufficient.

The FMLA entitles eligible employees of covered employers to take up to twelve work weeks of unpaid, job-protected leave during a twelve-month period for, among other reasons, the treatment of the employee’s own serious health condition or to care for a parent, child, or spouse with a serious health condition. Leave may be taken intermittently or on a reduced-leave schedule when “medically necessary.” The law’s definition of “serious health condition” includes inpatient care or continuing treatment by a health care provider, and it further contemplates that such care or treatment includes the use of FMLA leave for medical appointments to diagnose, monitor, and treat a serious health condition. Employers may require a medical certification to support...

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