Labor & Employment Law Daily Wrap Up, DOL NEWS—WHD opinion letters address real-world questions regarding application of Family Medical Leave Act, (Jan 6, 2026)

By Patricia K. Ruiz, J.D.

The opinion letters provide details on the application of the FMLA in the event of school closures and related to travel to and from medical appointments.

Two opinion letters issued by the Department of Labor’s Wage and Hour Division (WHD) provide guidance on the application of federal labor standards under the Family and Medical Leave Act (FMLA). According to the WHD, the opinion letters provide official written interpretations addressing real-world questions and explaining how the law applies to specific factual circumstances presented by individuals or organizations, which may also apply to a broader audience.

FMLA2026-1. The first opinion letter provides details on how a school closure of less than a full week impacts the amount of leave a school employee uses under the FMLA. The statutory FMLA entitlement is based on workweeks of leave, the WHD explained. For employees who use FMLA leave on an intermittent or reduced schedule basis, the FMLA prohibits the reduction of an employee’s statutory leave entitlement “beyond the amount of leave actually taken.”

When a school closes for part of a week during which an employee uses less than a full week of leave under the FMLA, the period during which the school is closed is not counted as FMLA leave unless the employee was scheduled and expected to work during the period and used FMLA leave for that time. In contrast, when a school closes for part of a week during which an employee is using a full week of FMLA leave, the entire week is counted as FMLA leave, the WHD stated.

The WHD explained that, if the employer’s business activity has temporarily ceased and employees generally are not expected to report for work for one or more weeks, the days the employer’s business activity has ceased for one or more weeks do not count against the employee’s FMLA leave entitlement. Whether the closure was planned or unplanned and the specific reasons for closure have no impact on the amount of leave an employee uses. Further, whether the employer requires an employee to report for work on or for a “make up” day in the future does not impact the analysis.

FMLA2026-2. The second opinion letter provides guidance on whether FMLA leave may be used for time the employee spends in medical appointments related to either their serious medical conditions or those of a qualifying family member, as well as whether FMLA leave may be applied to travel time for such appointments where an employee provided the employer with medical certification from a health care provider that confirms the need for the appointment but does not address travel to or from the appointment.

The WHD explained that part and parcel of obtaining care and continuing treatment from a medical provider may require the employee to travel to the provider’s location. As a result, when an eligible employee travels to or from a health care provider for a medical appointment for treatment for the employee’s or a qualifying family member’s serious medical condition, the employee may take FMLA leave not only for the actual appointment, but also for the time traveling to or from the appointment. The WHD noted that the FMLA does not cover travel time to and from, or stops for, other unrelated activities.

A medical certification need not include any information regarding travel time to be complete and valid under the FMLA, as neither the FMLA nor its regulations anticipate that health care providers will furnish information about an employee’s travel time on a medical certification.

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