DOL Clarifies Travel To and From Medical Appointments Is FMLA Protected

Why It Matters

The ruling sharpens employer obligations, reducing legal exposure while ensuring employees receive full leave benefits for necessary medical travel.

Key Takeaways

• Travel to medical appointments counts as FMLA leave time
• Certification need not include travel time details
• Unrelated errands during travel are not FMLA-protected
• Employers cannot demand medical proof of travel necessity
• Intermittent leave scheduling should minimize operational disruption

Pulse Analysis

The Department of Labor’s latest interpretation of the Family and Medical Leave Act addresses a long‑standing gray area: whether the hours spent driving to a doctor’s office are part of an employee’s protected leave. By anchoring travel to the statutory definition of "care" and "treatment," the DOL affirms that any time directly tied to obtaining medical services for a serious health condition—whether for the employee or a covered family member—must be counted against the employee’s FMLA balance. This guidance eliminates the need for employers to rely on medical certifications that explicitly mention travel, streamlining the documentation process while preserving employee rights.

For human‑resources leaders, the practical impact is twofold. First, payroll and leave‑tracking systems must be updated to capture travel hours as FMLA usage, ensuring accurate accruals and preventing inadvertent over‑use. Second, the clarification shields organizations from potential interference claims, provided they refrain from probing the medical necessity of travel. Missteps—such as demanding a physician’s note on travel duration—could be construed as overreaching and expose companies to litigation. Conversely, clear policies that delineate protected travel from non‑protected activities, like errands, help maintain compliance and operational predictability.

Employers should adopt best‑practice guidelines that require employees to specify the purpose of travel when requesting intermittent FMLA, while allowing reasonable scheduling flexibility to mitigate business disruption. Training managers to recognize legitimate travel versus unrelated activities, and integrating automated leave‑management alerts, can balance employee welfare with productivity. As the workforce increasingly values flexibility, understanding the nuances of FMLA travel protections will be essential for maintaining both legal compliance and a supportive workplace culture.