DOL clarifies travel to and from medical appointments is FMLA protected

The Department of Labor (DOL) rang in the new year with some new guidance for employers covered by the Family and Medical Leave Act (FMLA). This time, the DOL addressed whether an employee’s travel to and from medical appointments qualified as FMLA-protected time.

Example scenario

An employee who works from 9:00 a.m. to 5:00 p.m. each day requests time off to take her child—who has an FMLA-qualifying serious health condition—to therapy appointments once a week. The employee is typically out of the office from 3:00 p.m. to 5:00 p.m. to drive her child 30 minutes away to a specialist.

How much of that time is protected by the FMLA? Is the hour-long car ride also FMLA-protected? According to the DOL, yes, travel time to and from medical appointments will often be protected by the FMLA.

Analyzing the DOL’s answer

Once again, the DOL unpacked the statutory language piece-by-piece to explain how employers should analyze the travel problem.

First, the FMLA entitles eligible employees to use leave because of the employee’s serious health condition or to provide care for a covered family member with a serious health condition. For an employee’s own serious health condition, the FMLA entitles the employee to protected time to receive medical treatments for the illness or injury. Employees may also take leave “to care for” certain family members if the family member has a serious health condition or is a covered servicemember with a serious injury or illness.