On Jan. 5, 2026, DOL issued two new FMLA opinion letters regarding its interpretations on how FMLA works.  While instructive, these are not black letter law.  Nevertheless, the two letters are useful for employers in administering FMLA leave programs.  In these cases, the letters address:

• FMLA 2026-1 (found here: Microsoft Word - FMLA2026-1 (Public).docx)
  • A full week of FMLA leave can be docked in a workweek where the employee is not intended to work even though the employer has a snow day (the particular letter addressed a school district's question, but the letter has general effect on all employers);
  • If the employee was anticipated to work that day and the employer was closed, no FMLA can be docked.  
• FMLA 2026-2 (found here:  Microsoft Word - FMLA2026-2 (Public).docx)
  • FMLA applies to both the appointments to treat a serious health condition (either the employee's or a qualifying family member's) as well as the travel time to get to such appointment, but not to unrelated boondoggles.  For example, if I leave work to go to the appointment, FMLA will not also cover my stop at the hardware store to look at paint swatches – regardless of how beneficial the more soothing beige may be for my health condition.  

The nugget that was most interesting was confirmation that any “make-up” opportunities for FMLA days are treated as separate issues from the FMLA day.  While this has long been my experience with DOL (i.e., you don't make up an FMLA day, you just have an opportunity to recoup pay by serving a later date), it is an area which the agency should expound upon in more formal guidance as it is an area that employees find confusing.