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On January 5, 2026, the U.S. Department of Labor’s Wage and Hour Division issued Opinion Letter FMLA2026-2, clarifying that eligible staff might use FMLA go away not just for time spent at medical appointments but in addition for journey to and from these medical appointments for their very own severe well being situation or that of a qualifying member of the family. The DOL described journey time as “part and parcel of obtaining care and continuing treatment from a medical provider.”
For instance, if an worker should journey half-hour every technique to a hospital for a one-hour therapy, they could use two hours of FMLA go away as a substitute of only one. Travel time additionally applies when an worker is taking FMLA caregiver go away and should transport a qualifying member of the family to and from medical appointments. Importantly, the FMLA doesn’t require medical suppliers to certify journey time on any medical certifications.
An worker might not, nonetheless, use FMLA go away for journey unrelated to medical appointments. For instance, if any worker travels half-hour to the hospital, attends a one-hour appointment, after which runs private errands for an hour, the worker might solely use 1.5 hours of FMLA go away and will not use go away time whereas working errands.
Next Steps for Employers: In gentle of this steering, employers ought to evaluation their FMLA insurance policies to incorporate journey time in go away monitoring.
If you have got questions on these developments or would really like help with reviewing your employment practices, please contact legal professional Susanna Fultz or any member of Barley Snyder’s Employment Practice Group.
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