The Family and Medical Leave Act of 1993 (“FMLA”) generally grants eligible employees of covered employers up to 12 weeks of unpaid, job-protected leave in a 12-month period for specified family and medical reasons. FMLA leave may be taken continuously, intermittently, or on a reduced leave schedule.
On January 5, 2026, the United States Department of Labor (DOL) issued two opinion letters affecting the use of FMLA leave. The first letter explains how FMLA leave is calculated when an employer closes operations for less than a full workweek, such as for inclement weather, and the second letter discusses whether FMLA leave may be used for the time employees spend traveling to and from medical appointments.
Here is an analysis of the DOL’s opinion letters:
FMLA leave during partial-week closings
Opinion letter FMLA2026-1 makes clear that when an employee uses FMLA leave for less than an entire workweek, leave hours falling within a partial week closing should not be deducted from the employee’s FMLA leave entitlement. On the other hand, when an employee takes FMLA leave for a full workweek, the partial-week closure does not affect the employee’s FMLA leave entitlement, and the entire week still counts as FMLA leave. This approach applies whether closings are planned or unplanned, and whether the closed days are made up later in the year. Consequently, if a worker requests FMLA leave during make-up days, these requests should be considered independently from the prior closure days.
Similarly, DOL opinion letter FMLA2026-1 confirmed previous guidance that if an employee uses FMLA leave in increments shorter than a full workweek, a holiday falling during a week does not count against the worker’s FMLA leave entitlement unless the employee was scheduled and expected to work on the holiday and uses leave that day. The holiday, however, counts against a worker’s FMLA leave entitlement if it falls during a week in which the employee was scheduled to use a full workweek of leave.
Travel time to and from medical appointments
In opinion letter FMLA2026-2, the DOL concluded that employees may use FMLA leave for a reasonable time spent traveling to and from medical appointments for a serious health condition relating to themselves or a qualifying family member. The travel time must be directly related to a serious health condition; therefore, the time an employee spends on personal errands or other unrelated activities during a medical trip would not qualify for FMLA leave.
Additionally, the DOL concluded that medical certifications for FMLA leave do not have to include details about an employee’s travel time since certifications are limited to medical facts and healthcare providers are not required to ask about travel time when completing certifications.
What should employers do?
DOL opinion letters are official opinions on how a law the DOL enforces applies to a particular workplace situation and assists employers and employees in understanding their legal rights and obligations. Opinion letters on FMLA matters are frequently issued, requiring employers to watch closely for them to remain compliant and avoid liability. Employers should consider updating their employee policy handbooks if a change in the FMLA’s interpretation occurs due to a DOL opinion letter.
See our Compliance Navigator Hub for more proactive employer strategies for handing FMLA leave.
