The DOL recently released two opinion letters regarding employee leave under the federal Family and Medical Leave Act (FMLA).
The first opinion letter addresses the use of FMLA leave when an employer is closed for part of a week. Under the DOL’s interpretation, leave during the closure is counted against the employee’s FMLA leave if:
- The employee took the entire week as FMLA leave.
- The employee was scheduled and expected to work during that period and used FMLA leave for that time.
The letter responded to a school employer’s question of how to count FMLA leave used during weather-related school closures.
The second opinion letter addresses travel time to medical appointments during FMLA leave for a serious health condition. According to the DOL, travel time to and from medical appointments for an employee’s or their family member’s serious health condition is covered by the FMLA. The opinion letter states that medical certifications in support of leave due to a serious health condition do not have to include information about travel time. The letter also contains examples of travel time that would and would not qualify for FMLA leave.
DOL opinion letters do not have the force of regulations, laws or court rulings and apply only to the specific situation submitted. However, the letters are useful to employers as an indication of the DOL’s interpretation of the laws and regulations it enforces.
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