Recently, the U.S. Department of Labor (“DOL”) issued an opinion letter addressing whether FMLA leave may be used for time spent traveling to or from medical appointments.
As you may know, the FMLA entitles an eligible employee to take a total of 12 workweeks of leave during any 12-month period for a variety of reasons, including the employee’s “serious health condition” as well as to care for a qualifying family member with a serious health condition. The Act defines a “serious health condition” to include not only the immediate limitations and effects of such a condition, but also “inpatient care” and “continuing treatment” of the condition by a health care provider. The definition of “serious health condition” incorporates immediate medical treatment of, as well as ongoing care for, said condition, and the statute makes clear that FMLA leave is appropriately used for time spent in medical appointments to diagnose, monitor, address, or treat an employee’s serious health condition.
In finding that an employee may use FMLA-protected leave that counts against their FMLA entitlement to travel to or from a medical appointment for a serious health condition, the DOL pointed out that “[p]art and parcel of obtaining care and continuing treatment from a medical provider may require the employee to travel to the provider’s location.” Therefore, when an employee travels to or from a health care provider for a medical appointment regarding the employee’s serious health condition, they can take FMLA leave not only for the actual appointment, but also the time traveling to or from the appointment. In addition, if an employee is caring for a family member with a serious health condition, that employee is entitled to use FMLA leave for traveling to a related appointment as well.
The DOL also clarified that a health care provider need not provide an estimate of an employee’s travel time to or from an appointment for a medical certification to be complete. Thus, a medical certification need not include any information regarding travel time to be complete and valid under the FMLA.
Should you have any questions regarding the DOL’s recent opinion, please contact Ali Law Group.
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