On January 5, 2026, the U.S. Department of Labor’s Wage and Hour Division issued Opinion Letter FMLA2026-2, clarifying that eligible employees may use FMLA leave not only for time spent at medical appointments but also for travel to and from those medical appointments for their own serious health condition or that of a qualifying family member. The DOL described travel time as “part and parcel of obtaining care and continuing treatment from a medical provider.”

For example, if an employee must travel 30 minutes each way to a hospital for a one-hour treatment, they may use two hours of FMLA leave instead of just one. Travel time also applies when an employee is taking FMLA caregiver leave and must transport a qualifying family member to and from medical appointments. Importantly, the FMLA does not require medical providers to certify travel time on any medical certifications.

An employee may not, however, use FMLA leave for travel unrelated to medical appointments. For example, if any employee travels 30 minutes to the hospital, attends a one-hour appointment, and then runs personal errands for an hour, the employee may only use 1.5 hours of FMLA leave and may not use leave time while running errands.

Next Steps for Employers: In light of this guidance, employers should review their FMLA policies to include travel time in leave tracking.

If you have questions about these developments or would like assistance with reviewing your employment practices, please contact attorney Susanna Fultz or any member of Barley Snyder’s Employment Practice Group.