Recently the United States Department of Labor (“DOL”) issued a slew of Opinion Letters as 2026 gets underway. FMLA2026-2 is particularly topical as millions of Americans battle winter illnesses.
The DOL answers a simple question; “may protected leave under the Family Medical Leave Act (“FMLA”) be used for time spent traveling to and from medical appointments?”
The DOL concluded FMLA leave may be used for time reasonably necessary to travel to and from medical appointments for an employee’s own serious health condition or that of a covered family member.
However, coverage is limited to travel directly related to obtaining or providing care. Coverage does not include time spent on unrelated activities.
But what if the doctor’s note does not address travel to and from the appointment?
The DOL explains that medical certifications supporting FMLA leave are not required to include information on travel time. Healthcare providers generally lack knowledge of an employee’s commute. Employers may not deny FMLA protection for travel time solely because it is not referenced in the certification.
Medical Certification Requirements and Travel Time Documentation
FMLA medical certifications must address whether a family member needs care, but federal regulations do not require specific documentation of travel time or transportation arrangements. Medical certifications for family member care must include “information sufficient to establish that the family member is in need of care” and “an estimate of the frequency and duration of the leave required to care for the family member.” The regulations focus on the medical necessity of care rather than requiring detailed documentation of specific caregiving activities.
When medical certification confirms the need for appointments but remains silent on travel requirements, this gap does not automatically preclude FMLA coverage for associated travel time. The regulatory framework suggests that if the underlying medical appointment constitutes necessary care, and the family member requires transportation assistance due to their serious health condition, travel time would qualify for FMLA protection regardless of whether the certification explicitly addresses transportation needs. The DOL’s Opinion Letter reasserts this interpretation.
Practical Implications
Medical certifications that confirm appointment necessity but remain silent on travel requirements create challenges for both employers and employees. Employers face uncertainty about whether to approve FMLA requests that include travel time components, particularly when certifications do not explicitly address transportation needs. This certification gap can lead to disputes over leave approval and retroactive FMLA designation decisions.
Employees should proactively communicate when FMLA leave requests include travel time and seek medical certifications that address transportation needs rather than appointment attendance alone. Documentation showing that family members cannot safely drive themselves due to medical conditions strengthens FMLA claims significantly. Geographic distance and travel duration may affect whether courts view transportation as necessary care versus mere convenience.
Healthcare providers completing FMLA certifications should consider whether patients require caregiver assistance during travel due to their medical conditions. Certifications addressing transportation logistics alongside appointment necessity provide clearer guidance for employer leave decisions. Providers should be aware their documentation choices can significantly impact patient access to family caregiver support during medical treatment.
Employers developing FMLA policies should address how travel time components are handled in leave calculations and whether additional documentation beyond standard medical certifications is required for transportation-related leave. Clear policies about travel time approval criteria can reduce disputes and provide consistent guidance for supervisors handling leave requests.
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