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When you’re off on FMLA for a medical issue, have you wondered whether just the time at the doctor’s office is covered or is the travel time also covered? That distinction can matter, especially when appointments involve long travel times or caregiving responsibilities.
On January 5, 2026, the DOL (Department of Labor ) issued an opinion letter clarifying this issue. In this article, we explain the new DOL’s new approach regarding whether the time is covered under the FMLA for travel to and from medical appointments are covered. Please continue to learn more.
What Does the FMLA Cover for Medical Appointments?
Yes, the The FMLA (Family and Medical Leave Act ) covers the time you spend while at medical appointments. The Act entitles eligible employees to take a leave of absence from work for up to 12 weeks. You are not entitled to wages; this is unpaid leave. Also, the FMLA protects your job while you are out.
The FMLA covers leaves of absence for only (1) a serious health condition or (2) a new child comes into your family, either born or adopted.
To obtain FMLA leave for a “serious health condition,” this generally involves
- Inpatient care or hospitalization
- Continuing treatment by a health care provider
Examples of qualifying conditions include cancer, diabetes, pregnancy, Alzheimer’s disease, and certain mental health conditions.
FMLA leave also extends to caregiving for a family member with a serious health condition. Employees may take FMLA leave to care for a a spouse, child, or parent, as examples, who has a serious health condition. This includes attending medical appointments with that family member.
Attending medical appointments for diagnosis or treatment has long been recognized as a valid use of FMLA leave. The new guidance clarifies how travel time fits into that framework.
Does Travel Time Count as FMLA Leave?
In Opinion Letter FMLA2026-2, the United States Department of Labor concluded that travel is often a necessary part of obtaining medical care. As a result, FMLA leave may be used for:
- The medical appointment itself
- Travel time to the appointment
- Travel time back from the appointment
This applies both to:
- An employee’s own serious health condition
- Travel to assist a qualifying family member receiving care
The key principle is that if the travel is reasonably necessary to obtain or provide medical treatment, it is considered part of the protected leave.
What Limits Apply to Travel Time Under the FMLA?
FMLA protects only the time that is directly related to the medical purpose. It does not extend to:
- Personal errands
- Unrelated stops
- Activities that are not connected to treatment or caregiving
For example, if an employee takes three hours of leave for an appointment but spends one hour running personal errands, only the two hours spent for the appointment and necessary travel would qualify as FMLA leave.
Your leave of absence comes with the FMLA only if it is reasonable and medically necessary. That may or may not the entire block of time taken off work.
What This Means for Employees
This guidance is important for employees because it clarifies both your rights and your responsibilities when taking FMLA leave.
First, you are entitled to include reasonable travel time as part of your FMLA leave when:
- You are seeking treatment for your own serious health condition
- You are accompanying a qualifying family member to receive care
Second, your employer cannot deny FMLA leave simply because travel time is involved, as long as that time is necessary for the appointment.
Third, medical certifications do not need to account for travel time. The DOL explained in its opinion that health care providers can certify medical facts that are within their knowledge – and travel logistics typically fall outside that scope.
Finally, you should be mindful that:
- Only medically related time is protected
- Mischaracterizing personal time as medical leave could create issues
Bottom Line
The DOL clarified that FMLA leave includes not just time spent in a medical appointment, but also the reasonable travel time necessary to get there and back.
For employees, this means greater protection when managing medical care – for yourself or your family. However, those protections are limited to time that is genuinely connected to treatment, not personal activities.
If you have questions about your FMLA rights or whether your employer is properly accounting for your leave, it is important to seek guidance to ensure your rights are protected.