The Department of Labor (DOL) recently published 6 new opinion letters offering guidance on employee classification, bonuses, overtime exemptions, and family medical leave.
In Part 3, MNK Law covers Family Medical Leave Act (FMLA) questions that the DOL answers
FMLA & School Closures
Issue: A letter was sent to DOL requesting the opinion on school weather-related closures for less than a week and the impact those days have on school employees taking FMLA leave.
Question: Does a school being closed for a week count towards a school employee’s FMLA leave?
Takeaway: Employees that are eligible to take FMLA leave can take up to 12 work weeks in a 12-month period. The leave can be used on an intermittent schedule or in full weeks.
For employees using FMLA for less than a full workweek: The DOL confirmed that scheduled leave on days with school closures do not count towards FMLA allocation. The exception to this is if the employee was expected to work through the closure.
For employees using FMLA for a full workweek: The DOL confirmed that a scheduled full week of leave during which school closes part of that same week is still counted as FMLA leave for the entire week.
FMLA & Medical Appointment Travel
Issue: A letter was sent to DOL noting that eligible FMLA employees plan to use FMLA leave to attend medical appointments related to serious individual, or qualifying family member, health conditions. Some of those employees have medical appointments that are “some distance” from their homes and workplaces. Sometimes the medical certification does not address this travel time.
Question: May an employee use FMLA leave for time spent traveling to and from a medical appointment when the medical certification confirms the need for the appointment but does not specifically address travel time?
Takeaway: The DOL confirmed travel time to appointments for serious medical conditions is protected leave under FMLA. The exception to this is if the travel time includes any activities that are not related to the employee’s (or family member’s) serious health condition.
Employees are also not required to provide a doctor’s certification with estimate travel time to and from appointments
Conclusion:
These new DOL opinions reinforce two important points for employers navigating The Family Medical Leave Act: how school closures impact FMLA incremental or full week leave and whether appointment travel qualifies under FMLA. Employers whose circumstances resemble those addressed in these letters should seek guidance from legal counsel.
If you need more information on this topic, please contact us at info@mnklawyers.com.
This material is provided for informational purposes only. It is not intended to constitute legal advice, nor does it create a client-lawyer relationship between MNK Law and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material.