DOL Guidance on the FMLA

The DOL has issued two guidance letters regarding applicability of the FMLA. 

The first was a response to an inquiry about how less than a full week’s school closure — due to inclement weather, for example — impacts the amount of leave a school employee uses under the law: 

Response: Because the FMLA entitlement is based on workweeks, Roger wrote, the amount of leave deducted would depend on the type of leave the employee is taking. If a worker has requested leave on an intermittent or reduced-schedule basis, the law prohibits a reduction “beyond the amount of leave actually taken,” he said. However, a worker taking a full workweek may still have the entire week deducted, despite not having been expected to work on a day or set of days. 

The second responded to an employer who asked whether intermittent FMLA leave should be used to cover a worker’s time needed to travel to and from medical appointments — either for themselves or a qualifying family member. The writer provided the example of a regular 45-minute appointment that occurs monthly, requiring an hour’s drive to and from the doctor’s office. 

Response: When an eligible employee travels to or from a health care provider for a medical appointment regarding the employee’s serious health condition, he or she may take FMLA leave not only for the actual appointment, but also the time traveling to or from the appointment,” Rogers clarified. The same applies to appointments of qualifying family members. 

photo by cottonbro studio