Department of Labor Issues FMLA Guidance in Recent Opinion Letters

Why It Matters

These clarifications reduce the risk of costly FMLA miscalculations and potential liability for employers, ensuring consistent employee rights protection across the U.S.

Key Takeaways

• Travel to qualifying medical appointments counts as FMLA leave
• Travel unrelated to care is not protected FMLA leave
• Certifications need not estimate travel time
• Partial-week closures don’t reduce intermittent FMLA balance
• Full-week FMLA counts full week even if workplace closed

Pulse Analysis

The Department of Labor’s opinion letters, while nonbinding, serve as the most current interpretive guidance on the Family and Medical Leave Act. By addressing common employer pitfalls, the DOL helps HR leaders align policies with federal expectations, thereby avoiding disputes that can lead to litigation or costly settlements. Understanding these letters is essential for any organization that offers FMLA benefits, as they illuminate how the law applies to everyday workplace scenarios.

A major focus of the recent guidance is travel time. Employees may now confidently claim leave for the hours spent traveling to and from medically necessary appointments for their own serious health condition or that of a covered family member. The DOL explicitly states that providers are not required to estimate travel in certifications, simplifying the documentation process. Employers should update leave‑tracking systems to automatically include travel as FMLA‑eligible, while still excluding unrelated errands that occur during the same trip.

The second clarification tackles partial‑week workplace closures. When an employer shuts down for a few days and an employee is on intermittent or reduced‑schedule FMLA, the closed hours do not count against the employee’s leave balance. Conversely, a full‑week FMLA request consumes the entire week regardless of any closure. This proportional counting rule prevents inadvertent reduction of entitlement and aligns leave accrual with actual workweeks. Companies should audit their time‑keeping practices, train managers on the new rules, and communicate the changes to staff to ensure seamless compliance and protect against interference claims.