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In January 2026, the DOL launched two Family and Medical Leave Act (FMLA) opinion letters, FMLA 2026-1 and FMLA 2026-2, offering extra data on how FMLA interacts with faculty closures as a result of inclement climate and journey time to medical appointments for a severe well being situation.
School Closures and FMLA Leave Usage (FMLA 2026-1)
Opinion Letter 2026-1 gives faculties with steering on find out how to deal with FMLA depart when faculty is closed as a result of inclement climate, i.e. snow days. The key distinction is whether or not an worker is utilizing FMLA depart in increments lower than a full workweek.
If an worker is utilizing FMLA depart for lower than a full workweek and faculty is closed as a result of inclement climate, the day(s) is just not counted in opposition to an worker’s FMLA depart entitlement.
If an worker is utilizing FMLA depart for a full workweek and faculty closes as a result of inclement climate, the day(s) is counted in opposition to the worker’s FMLA depart entitlement.
The particular cause for the closure, whether or not it was deliberate or unplanned, and whether or not the worker should report for a “make up” day are irrelevant to the evaluation above. Use of FMLA depart for any “make up” day is evaluated independently.
Travel to Medical Appointments Covered by the FMLA (FMLA 2026-2)
Opinion Letter 2026-2 clarifies that journey time to or from a well being care supplier for a medical appointment concerning a severe well being situation is roofed by FMLA. The opinion letter states that journey to a well being care supplier’s location is “part and parcel of obtaining care and continuing treatment….”
FMLA depart may additionally be used to journey to the medical appointments of a member of the family if an worker is utilizing FMLA to look after a member of the family with a severe well being situation.
The opinion letter additionally states that medical certifications don’t want to incorporate data concerning journey time to be a whole and legitimate medical certification underneath the FMLA.
Key Takeaway
Employers ought to overview the FMLA steering offered by the DOL and make any required updates to their FMLA procedures. School districts ought to overview their present remedy of snow days in relation to FMLA and make any needed updates. All employers ought to confirm their procedures allow using FMLA depart to journey to and from an FMLA coated medical appointment.
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