On January 5, the U.S. Department of Labor (DOL) issued two Opinion Letters to provide guidance on how school closures and travel for medical appointments impact FMLA leave. Here are the key takeaways for employers:
School Closures (FMLA2026-1)
While the FMLA regulations address how FMLA leave should be calculated during a holiday or business closure, employers have been wondering how to account for FMLA leave use when a school closes for less than a full week due to inclement weather.
The FMLA regulations provide that when a holiday falls within a full week of FMLA leave, the entire week is counted as FMLA leave, while holidays that fall during a week when an employee is taking less than a full workweek of leave do not count against the employee’s FMLA leave entitlement, unless the employee was scheduled and expected to work that day.
The DOL’s Opinion Letter follows these established principles and applies them to school closures. If an employee is approved for FMLA leave in increments of less than a full workweek and the school closes for part of that week, the closure period should not be counted against the employee’s FMLA entitlement since they were not expected to work during that time. Conversely, if an employee is taking FMLA leave for an entire workweek, a short-term school closure within that week does not change the calculation: the full workweek is deducted from the employee’s leave entitlement. Whether the closure is planned or unplanned does not affect how FMLA leave is calculated. The reason for the closure is also irrelevant, as are any future “make-up” days required by the employer. Those days are scheduled to meet instructional requirements and are unrelated to the employee’s protected FMLA leave.
Employers should ensure that temporary closures, whether planned or unplanned, do not reduce FMLA entitlement for employees taking leave in partial week increments, as these nonworking days should not be deducted unless the employee was scheduled to work. Employers should maintain up-to-date work schedules and closure notices to support proper calculations and audits. Accurate tracking is essential because FMLA entitlement is calculated based on actual scheduled work time, and employers should confirm that their HR or payroll processes apply this guidance correctly.
Travel for Medical Appointments (FMLA2026-2)
In a separate Opinion Letter, the DOL also stated that an employee may use FMLA leave
to travel to or from a medical appointment for a serious health condition, and that a health care provider does not have to provide an estimate of an employee’s travel time for the medical certification to be complete and sufficient.
Employees may use FMLA leave not only for a medical appointment related to their own serious health condition or that of a family member, but also for the time spent traveling to and from the appointment. However, this does not include travel for unrelated activities or stops. Employers may request medical facts from the health care provider about the condition, but providers are not expected to certify travel time. Therefore, a valid medical certification does not need to include any details about travel time.
With this DOL guidance, employers should avoid micromanaging FMLA travel time in the sense of intrusive monitoring or questioning how long an employee takes to get to and from a medical appointment. Under FMLA, travel time that is reasonably necessary for the appointment is protected, and the law does not require employees to justify the exact duration or route taken. Employers should ensure front-line managers and supervisors understand that questioning medical details or travel time is off-limits.
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