In January 2026, the DOL released two Family and Medical Leave Act (FMLA) opinion letters, FMLA 2026-1 and FMLA 2026-2, providing additional information on how FMLA interacts with school closures due to inclement weather and travel time to medical appointments for a serious health condition.
School Closures and FMLA Leave Usage (FMLA 2026-1)
Opinion Letter 2026-1 provides schools with guidance on how to handle FMLA leave when school is closed due to inclement weather, i.e. snow days. The key distinction is whether an employee is using FMLA leave in increments less than a full workweek.
If an employee is using FMLA leave for less than a full workweek and school is closed due to inclement weather, the day(s) is not counted against an employee’s FMLA leave entitlement.
If an employee is using FMLA leave for a full workweek and school closes due to inclement weather, the day(s) is counted against the employee’s FMLA leave entitlement.
The specific reason for the closure, whether it was planned or unplanned, and whether the employee must report for a “make up” day are irrelevant to the analysis above. Use of FMLA leave for any “make up” day is evaluated independently.
Travel to Medical Appointments Covered by the FMLA (FMLA 2026-2)
Opinion Letter 2026-2 clarifies that travel time to or from a health care provider for a medical appointment regarding a serious health condition is covered by FMLA. The opinion letter states that travel to a health care provider’s location is “part and parcel of obtaining care and continuing treatment….”
FMLA leave may also be used to travel to the medical appointments of a family member if an employee is using FMLA to care for a family member with a serious health condition.
The opinion letter also states that medical certifications do not need to include information regarding travel time to be a complete and valid medical certification under the FMLA.
Key Takeaway
Employers should review the FMLA guidance provided by the DOL and make any required updates to their FMLA procedures. School districts should review their current treatment of snow days in relation to FMLA and make any necessary updates. All employers should verify their procedures permit the use of FMLA leave to travel to and from an FMLA covered medical appointment.
