Opinion letter · United States · Wage and Hour Division

Wage and Hour Division says Family and Medical Leave Act leave covers travel to and from medical appointments

As of our last check on November 2, 2026, this is agency guidance, not a rule. It explains how the agency reads the law and does not create a legal requirement on its own.

Added to AmendSignal November 3, 2026

In short

What changed: In an opinion letter, the Wage and Hour Division (WHD) says Family and Medical Leave Act (FMLA) leave covers travel to and from medical appointments for a serious health condition, and that a medical certification need not mention travel time. Travel for unrelated stops or activities is not protected.
Who's affected: Employers covered by the FMLA that have eligible employees taking leave for their own or a family member's medical appointments. The letter answers one requester's facts.
What to do: This letter creates no new legal requirement. Consider reviewing how you approve and count FMLA leave for appointment travel, and whether your certification process asks for travel time.

What changed

From the sourceOpening paragraph

an employee may use FMLA-protected leave that counts against his or her FMLA entitlement to travel to or from a medical appointment for a serious health condition.
Whether FMLA leave may be used for time spent traveling to or from medical appointments, including where an employee provided the employer with medical certification from a health care provider that confirms the employee’s need for the appointment, but the certification does not address travel to or from the appointment. (opens in a new tab)

The Wage and Hour Division (WHD) says an eligible employee may use Family and Medical Leave Act (FMLA) leave, counted against the employee's entitlement, to travel to or from a medical appointment for a serious health condition.
From the sourceOpinion

when an eligible employee travels to or from a medical appointment with a health care provider to diagnose, monitor, or treat a serious health condition of a covered family member, that employee is entitled to use FMLA leave.
Whether FMLA leave may be used for time spent traveling to or from medical appointments, including where an employee provided the employer with medical certification from a health care provider that confirms the employee’s need for the appointment, but the certification does not address travel to or from the appointment. (opens in a new tab)

WHD says the same applies when an employee travels to or from a medical appointment for a covered family member's serious health condition.
From the sourceOpinion

a medical certification need not include any information regarding travel time to be complete and valid under the FMLA and the Division’s regulations.
Whether FMLA leave may be used for time spent traveling to or from medical appointments, including where an employee provided the employer with medical certification from a health care provider that confirms the employee’s need for the appointment, but the certification does not address travel to or from the appointment. (opens in a new tab)

Also: Conclusion

whether or not the medical certification indicates the need for, time required, or other particulars of, such travel time.
Whether FMLA leave may be used for time spent traveling to or from medical appointments, including where an employee provided the employer with medical certification from a health care provider that confirms the employee’s need for the appointment, but the certification does not address travel to or from the appointment. (opens in a new tab)

WHD says a medical certification does not need to include any information about travel time to be complete and valid.
From the sourceOpinion

FMLA-protected leave for travel time discussed above does not encompass travel to or from, or stops for, other unrelated activities.
Whether FMLA leave may be used for time spent traveling to or from medical appointments, including where an employee provided the employer with medical certification from a health care provider that confirms the employee’s need for the appointment, but the certification does not address travel to or from the appointment. (opens in a new tab)

Also: Opinion, Example 4

would not be FMLA-protected leave and would not count against her entitlement.
Whether FMLA leave may be used for time spent traveling to or from medical appointments, including where an employee provided the employer with medical certification from a health care provider that confirms the employee’s need for the appointment, but the certification does not address travel to or from the appointment. (opens in a new tab)

WHD says protected travel time does not include travel to, from, or stops for unrelated activities, and that time spent on such activities does not count against the employee's entitlement.

Who is affected

Our analysisGeneral Legal Principles, A. General Leave Requirements

The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons
Whether FMLA leave may be used for time spent traveling to or from medical appointments, including where an employee provided the employer with medical certification from a health care provider that confirms the employee’s need for the appointment, but the certification does not address travel to or from the appointment. (opens in a new tab)

The letter is about employers covered by the FMLA and their eligible employees who take leave for medical appointments.
From the sourceNote

This opinion is based exclusively on the facts and circumstances described in your request
Whether FMLA leave may be used for time spent traveling to or from medical appointments, including where an employee provided the employer with medical certification from a health care provider that confirms the employee’s need for the appointment, but the certification does not address travel to or from the appointment. (opens in a new tab)

WHD states that the opinion rests only on the facts the requester described, so different facts could lead to a different answer.

What it means in practice

Our analysisOpinion, Example 2

This leave is FMLA-protected and counts against his FMLA entitlement.
Whether FMLA leave may be used for time spent traveling to or from medical appointments, including where an employee provided the employer with medical certification from a health care provider that confirms the employee’s need for the appointment, but the certification does not address travel to or from the appointment. (opens in a new tab)

Under WHD's reading, travel time for qualifying appointments uses up an employee's FMLA entitlement, so leave tracking that counts only appointment time may understate leave used.
Our analysisGeneral Legal Principles, B. Medical Certification and Planned Medical Treatment

Interfering with an employee’s exercise of rights includes, for example, refusing to authorize FMLA leave or discouraging an employee from using such leave.
Whether FMLA leave may be used for time spent traveling to or from medical appointments, including where an employee provided the employer with medical certification from a health care provider that confirms the employee’s need for the appointment, but the certification does not address travel to or from the appointment. (opens in a new tab)

An employer that denies FMLA protection for appointment travel because the certification is silent on travel may be at odds with WHD's view, given the FMLA's ban on interfering with leave rights.
Our analysisOpinion

FMLA-protected leave for travel time discussed above does not encompass travel to or from, or stops for, other unrelated activities.
Whether FMLA leave may be used for time spent traveling to or from medical appointments, including where an employee provided the employer with medical certification from a health care provider that confirms the employee’s need for the appointment, but the certification does not address travel to or from the appointment. (opens in a new tab)

Employers can treat time spent on unrelated errands or stops during an appointment trip as outside FMLA protection, which may call for separating that time when recording leave.

What to do

AmendSignal analysis sorts these by whether this document changes them.

Already required

From the sourceGeneral Legal Principles, B. Medical Certification and Planned Medical Treatment

The statute prohibits employers from interfering with, restraining, or denying an employee from exercising these and other rights protected by the Act, or an employee’s attempt to exercise such rights.
Whether FMLA leave may be used for time spent traveling to or from medical appointments, including where an employee provided the employer with medical certification from a health care provider that confirms the employee’s need for the appointment, but the certification does not address travel to or from the appointment. (opens in a new tab)

The FMLA (section 2615(a)(1) of title 29 of the United States Code) prohibits employers from interfering with, restraining or denying an employee's exercise of FMLA rights. The letter restates this existing duty; it does not create it.

Worth considering

Our suggestionOpening paragraph

an employee may use FMLA-protected leave that counts against his or her FMLA entitlement to travel to or from a medical appointment for a serious health condition.
Whether FMLA leave may be used for time spent traveling to or from medical appointments, including where an employee provided the employer with medical certification from a health care provider that confirms the employee’s need for the appointment, but the certification does not address travel to or from the appointment. (opens in a new tab)

Consider reviewing your FMLA leave policies and tracking so that travel to and from qualifying medical appointments is approved and counted as FMLA leave.
Our suggestionOpinion

a medical certification need not include any information regarding travel time to be complete and valid under the FMLA and the Division’s regulations.
Whether FMLA leave may be used for time spent traveling to or from medical appointments, including where an employee provided the employer with medical certification from a health care provider that confirms the employee’s need for the appointment, but the certification does not address travel to or from the appointment. (opens in a new tab)

Consider checking that your medical certification review does not treat a certification as incomplete because it leaves out travel time.
Our suggestionOpinion, Example 4

would not be FMLA-protected leave and would not count against her entitlement.
Whether FMLA leave may be used for time spent traveling to or from medical appointments, including where an employee provided the employer with medical certification from a health care provider that confirms the employee’s need for the appointment, but the certification does not address travel to or from the appointment. (opens in a new tab)

Consider giving managers and leave administrators guidance on separating time spent on unrelated errands or stops from protected appointment travel.

Open questions

The source leaves these open. We'll update this record if a later document answers them.

Does WHD's answer apply to employers whose facts differ from the requester's?

The letter says the opinion is based only on the facts the requester described and that other facts might lead to a different conclusion.
How may an employer confirm how much travel time an employee needs if the medical certification does not address it?

The letter says certifications need not include travel time but does not say how employers may verify the travel time an employee reports.

Related changes

History

Latest · January 5, 2026 · Issued

FMLA2026-2: Whether FMLA leave may be used for time spent traveling to or from medical appointments, including where an employee provided the employer with medical certification from a health care provider that confirms the employee’s need for the appointment, but the certification does not address travel to or from the appointment. Source (opens in a new tab)

Sources

Whether FMLA leave may be used for time spent traveling to or from medical appointments, including where an employee provided the employer with medical certification from a health care provider that confirms the employee’s need for the appointment, but the certification does not address travel to or from the appointment. (opens in a new tab) Wage and Hour Division, primary source