The Family and Medical Leave Act, commonly known as FMLA, is a federal law designed to help employees balance work and personal health or family needs without risking their jobs. Covered employers are required to provide eligible employees with up to 12 weeks of unpaid, job-protected leave in a 12-month period, while continuing group health insurance coverage under the same terms as if the employee were still working.
When FMLA Leave May Be Used
FMLA leave may be taken when an employee has a serious health condition that makes them unable to perform the essential functions of their job. It may also be used to care for certain family members, including a spouse, child, or parent, who has a serious health condition. In addition to continuous leave, FMLA can be taken intermittently when medically necessary, such as for periodic flare-ups, ongoing treatment, or medical appointments related to the condition.
Intermittent leave is common in benefits administration and often requires careful tracking by HR teams to ensure the correct amount of protected leave is applied.
How Employers Determine FMLA Coverage
To determine whether leave qualifies for FMLA protection, employers typically evaluate eligibility, coverage, and certification. The employee must meet eligibility requirements related to length of service and hours worked, and the reason for leave must fall within one of the qualifying categories under the law. Employers may also require a medical certification from a health care provider to support the need for leave and to confirm that intermittent leave is medically necessary.
New Department of Labor Guidance on Travel Time
The U.S. Department of Labor recently clarified an issue that has caused uncertainty for years: whether time spent traveling to and from a medical appointment can be protected under FMLA. According to the new guidance, travel time related to an approved medical appointment may be counted as FMLA leave.
The reasoning is straightforward. Traveling to a medical provider is often an unavoidable part of receiving treatment. When an employee or an employee’s covered family member has a qualifying medical appointment, the time spent traveling to and from that appointment may be considered part of intermittent FMLA leave, in addition to the time spent at the appointment itself.
Important Limits and Practical Considerations
This protection applies only to travel that is directly related to the medical appointment. Time spent on unrelated activities is not covered. For example, stopping for personal errands or meals after an appointment does not qualify as FMLA leave.
The Department of Labor also clarified that medical certifications do not need to specify travel time. A certification may still be valid even if it does not address how long it takes an employee to get to and from an appointment, since that information is typically outside a provider’s knowledge.
Employees are still expected to work with their employer, when possible, to schedule planned medical appointments in a way that minimizes workplace disruption, subject to medical approval.
For HR professionals, this guidance reinforces the importance of consistent leave tracking, clear communication with employees, and careful review of intermittent leave requests to ensure compliance while preventing misuse.
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This article is for informational purposes only and is not intended as legal, tax, or benefits advice. Readers should not rely on this information for taking (or not taking) any action relating to employment, compliance, or benefits. Always consult with a qualified professional before making decisions based on this content.