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January 21, 2026
February 5, 2026 marks the 33rd anniversary of the Family and Medical Leave Act, or the FMLA. To celebrate, the Wage and Hour Division (WHD) of the United States Department of Labor (DOL) has released seven short videos addressing common questions regarding the FMLA.
You can watch a video for guidance addressing:
In addition to these seven short videos, the WHD recently issued two opinion letters addressing questions under the FMLA.
The first opinion letter (FMLA2026-1) addresses whether an employee’s absence counts against his or her FMLA entitlement when the employer (this inquiry was from a school) is closed for less than a full week due to inclement weather. The WHD concluded that, if an employee uses less than a full week of FMLA leave, and the school closes for part of that week, the period during which the school is closed is not counted as FMLA leave (unless the employee was scheduled and expected to work during the school’s closure and used FMLA leave for that time). However, if an employee uses a full week of FMLA leave, and the school closes for part of that week, the entire week is counted as FMLA leave.
The second opinion letter (FMLA2026-2) addresses whether FMLA leave may be used for time spent traveling to or from medical appointments. The WHD concluded that an employee may use FMLA-protected leave that counts against his or her FMLA entitlement to travel to or from a medical appointment for a serious health condition. It further noted that a health care provider does not have to provide an estimate of an employee’s travel time to or from an appointment for the medical certification to be complete and sufficient under the FMLA.
Employers: In June 2025, the DOL launched its opinion letter program. Visit the DOL opinion letter webpage to request an opinion letter regarding your specific factual circumstances. You may request an opinion letter from any of the following DOL departments: (1) the WHD; (2) the Occupational Safety and Health Administration; (3) the Employee Benefits Security Administration; (4) the Veterans’ Employment and Training Service; and (5) the Mine Safety and Health Administration.
The resources above (opinion letters and videos) are among many resources available on the DOL website to assist you in understanding how federal labor laws apply in specific workplace situations.
This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice. Always consult an attorney with specific legal issues.
