New guidance from the U.S. Department of Labor is changing how employers should track FMLA leave tied to medical appointments. In this episode of California Employment News, Weintraub Tobin partners Lizbeth (Beth) V. West and Meagan Bainbridge break down the DOL’s recent opinion letter and provide a practical refresher on how to properly calculate and track FMLA leave in a variety of scenarios.
In this episode of California Employment News, Weintraub Tobin attorneys Lizbeth (Beth) V. West and Meagan Bainbridge discuss:
- The DOL’s January 5, 2026 opinion letter confirming that FMLA leave can include travel time to and from medical appointments
- Why travel time is considered part and parcel of obtaining medical care
- Eligibility requirements for FMLA leave – How to calculate leave for continuous versus intermittent or reduced schedule leave
- How to convert 12 workweeks into an hourly equivalent for tracking purposes
- How to calculate leave for employees with fluctuating or variable schedules
- How overtime, holidays, and physically impossible mid-shift returns impact FMLA tracking
Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.