Department of Labor issues FMLA guidance in recent opinion letters

Earlier this year, the Department of Labor (DOL) issued opinion letters offering employers guidance regarding certain family and medical leave matters under the Family and Medical Leave Act (FMLA). As with other opinion letters, they are nonbinding on the courts, but they serve as valuable insight to employers on the DOL’s expectations regarding an employer’s implementation of an employee’s FMLA leave. Oftentimes, employers make errors in calculating an employee’s FMLA usage. Pay close attention to make sure your workplace is compliant.

Clarification on FMLA coverage for medical appointment travel

The DOL recently clarified that employees may use FMLA-protected leave for time spent traveling to and from qualifying medical appointments related to their own serious health condition and to care for covered family members with a serious health condition. Travel time, the DOL explained, is protected FMLA leave, regardless of whether the medical certification estimates or addresses travel time as part of the need for intermittent leave.