Earlier this month, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued several new opinion letters, including three that are relevant to private schools, interpreting the Family and Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA). While opinion letters are fact-specific, they provide useful insight into how WHD currently interprets and enforces federal wage-and-hour laws, particularly in situations that commonly arise in school settings.
FMLA2026-2: Travel Time to Medical Appointments Counts as FMLA Leave
In this opinion letter, WHD clarified that employees may use FMLA leave not only for the time spent attending medical appointments for a serious health condition, but also for reasonable travel time to and from those appointments. WHD further explained that a medical certification does not need to specify travel time for the leave to be valid, because travel time is considered a necessary part of obtaining treatment. However, WHD emphasized that FMLA protection does not extend to unrelated activities or errands before or after an appointment.
FMLA2026-1: How Partial-Week School Closures Affect FMLA Leave Usage
This letter addresses how FMLA leave should be calculated when a school closes for less than a full week, such as for inclement weather. WHD explained that if an employee is using FMLA leave on an intermittent or reduced schedule, days the school is closed and the employee is not expected to work do not count against the employee’s FMLA entitlement. For example, if an eligible employee needs FMLA leave each Tuesday afternoon for physical therapy, but the school is closed all day on Tuesday due to inclement weather and the employee is not required to report for duty, the school should not deduct time for that day from the employee’s FMLA entitlement. By contrast, if an employee is on continuous FMLA leave for a full workweek, the entire week counts as FMLA leave even if the school is closed for one or more days during that week.
FLSA2026-1: Reclassification of Learned Professionals and Employer Discretion
In this FLSA opinion letter, WHD considered whether a licensed clinical social worker could remain exempt as a “learned professional” after losing supervisory duties. WHD concluded that removal of supervisory responsibilities alone does not defeat the learned professional exemption if the employee’s primary duties still require advanced knowledge acquired through specialized education. However, WHD emphasized that changing an employee’s pay from salary to hourly will generally defeat the exemption, regardless of duties. WHD also reiterated that employers are not required to classify employees as exempt even if they meet the exemption criteria, so long as minimum wage and overtime requirements are satisfied.
Note: LCW is available to help assess how these opinion letters may affect a school’s operations.