The Department of Labor’s Opinion Letter FMLA2026‑2 explains that employees may use FMLA leave not only for the time spent in a medical appointment related to their own or a family member’s serious health condition, but also for the travel time required to get to and from that appointment. The DOL emphasizes that travel is often an inherent part of receiving “continuing treatment,” and therefore falls within the scope of protected leave. This applies whether the employee is seeking treatment for themselves or transporting a qualifying family member who cannot travel independently.
The letter also clarifies that medical certifications do not need to include travel‑time estimates for the certification to be considered complete and sufficient. Health care providers are responsible for certifying medical facts about the condition and the need for treatment—not the logistics of how long it takes an employee to reach the provider. As long as the certification establishes the need for the appointment itself, the employee may use FMLA leave for both the appointment and the associated travel.
However, the DOL draws a clear boundary: FMLA leave covers only the time necessary for treatment and related travel, not unrelated personal activities. For example, an employee may take leave to drive to physical therapy, but not to run errands afterward. Similarly, travel unrelated to a serious health condition—such as accompanying a child on a school trip where no medical care is needed—is not protected. The opinion reinforces that FMLA leave must be tied directly to obtaining or providing medical care, ensuring employees are protected when seeking treatment while preventing misuse of leave.
Don’t miss out on ED311 blog posts! Subscribe to the ED311 newsletter.