Can You Travel While On FMLA? Risks; Rules; and Legal Advice

Can you travel while on FMLA leave? The answer is generally yes, but with significant caveats. Your ability to travel depends heavily on the reason for your leave, your employer’s policies, and your healthcare provider’s recommendations. Failing to comply with regulations could jeopardize your job security. This article explores the complexities of traveling during FMLA leave, covering potential risks, applicable rules, and essential legal advice.

Image Source: www.frantzward.com

Navigating FMLA and Travel: A General Overview

The Family and Medical Leave Act (FMLA) provides eligible employees with unpaid, job-protected leave for specified family and medical reasons. While on FMLA leave, employees often wonder if they are permitted to travel. Let’s break down what to consider.

FMLA’s Core Principles

• Job Protection: FMLA ensures that you can return to the same job or an equivalent one after your leave.
• Unpaid Leave: FMLA leave is typically unpaid, although some states offer paid family leave programs that can run concurrently.
• Qualifying Reasons: FMLA covers leave for the birth and care of a newborn child, placement of a child for adoption or foster care, to care for an immediate family member (spouse, child, or parent) with a serious health condition, or for your own serious health condition. It also covers qualifying exigencies arising out of the fact that your spouse, son, daughter, or parent is a covered military member on active duty.
• Eligibility: To be eligible, you must have worked for your employer for at least 12 months, have worked at least 1,250 hours during the 12 months preceding the leave, and work at a location where the employer has at least 50 employees within a 75-mile radius.

Deciphering FMLA Travel Restrictions

Understanding the relationship between FMLA and travel requires careful consideration of several factors. Here’s a look at potential FMLA travel restrictions.

Reason for Leave Matters

• Personal Medical Condition: If you’re on leave due to your own serious health condition, travel might be restricted. Your doctor needs to certify that travel aligns with your treatment plan. For example, if you’re recovering from surgery, long flights might be discouraged due to the risk of blood clots.
• Caring for a Family Member: If you’re caring for a family member, travel with that family member might be permissible if it’s related to their care (e.g., traveling to a specialist). However, taking a vacation unrelated to their care could be problematic.
• Childbirth or Adoption: Taking a vacation during the period immediately following childbirth or adoption, while on FMLA leave, is less likely to raise questions as long as the primary purpose of the leave – bonding with and caring for the child – is being fulfilled.

Employer Policies and Notification

• Company Handbook: Check your employer’s handbook for specific policies regarding traveling during FMLA leave. Some employers may require prior approval for any travel.
• Communication is Key: Keep your employer informed of your travel plans, especially if they could be misconstrued. Transparency can prevent misunderstandings and potential disciplinary actions.

The Role of Your Healthcare Provider

• Doctor’s Note for FMLA Travel: Obtain a doctor’s note for FMLA travel if you’re on leave for your own medical condition. This note should state that your travel is consistent with your treatment plan and won’t impede your recovery. It should be proactive and explicit about the purpose of the travel and how it relates to your health.
• Healthcare Provider Certification: Ensure your healthcare provider understands the nature of your job and the potential impact of travel on your health.

Potential Risks of Traveling While on FMLA

Traveling while on FMLA leave can carry certain risks if not handled properly.

Jeopardizing Your Job Security

• Misuse of Leave: The most significant risk is the perception that you are misusing your FMLA leave. If your employer believes you’re using the leave for purposes other than those permitted by the FMLA, they may challenge your leave and potentially terminate your employment.
• Inconsistency with Medical Condition: Engaging in activities during travel that contradict your stated medical condition can raise red flags. For instance, if you’re on leave for back pain but are seen participating in strenuous activities, your employer might question the legitimacy of your leave.

Negative Employer Perception

• Erosion of Trust: Even if your travel is technically permissible, it can create a negative perception with your employer. They might view you as less committed or question your need for leave.
• Increased Scrutiny: Traveling during FMLA leave might lead to increased scrutiny of your leave request and your overall work performance.

FMLA and Vacation: Separating Fact from Fiction

Many employees confuse FMLA leave with vacation time. Here’s a clear distinction:

• FMLA is for Specific Reasons: FMLA leave is intended for serious health conditions or to care for family members with such conditions. It’s not intended as a substitute for vacation time.
• Vacation is Discretionary: Vacation time is typically accrued and used at the employee’s discretion, subject to employer approval.
• Combining Leave: In some cases, you can use accrued paid time off (PTO) or vacation time concurrently with FMLA leave to receive partial or full pay during your leave. However, this doesn’t change the underlying purpose of the FMLA leave.

Can I Leave the Country on FMLA?

Can I leave the country on FMLA? Generally, yes, but leaving the country on FMLA is a particularly sensitive issue. It intensifies scrutiny. If your medical condition permits it and your doctor approves, it is feasible. The key is to make sure the trip aligns with, or at least does not conflict with, the reason for your leave.

FMLA Permissible Activities: What Can You Do?

FMLA permissible activities hinge on the reason for your leave.

Activities Directly Related to the Reason for Leave

• Medical Appointments: Attending doctor’s appointments, therapy sessions, or other medical treatments.
• Caregiving Responsibilities: Providing direct care to a family member with a serious health condition, such as administering medication, assisting with daily activities, or accompanying them to medical appointments.
• Bonding with a New Child: Spending time bonding with a newborn or newly adopted child.

Activities That Might Raise Concerns

• Work-Related Travel on FMLA: Work-related travel on FMLA is generally prohibited. The point of FMLA is to take time away from work.
• Engaging in Hobbies or Recreational Activities: Participating in activities that are inconsistent with your stated medical condition or caregiving responsibilities. For example, if you’re on leave for a back injury, engaging in activities that place stress on your back, like skydiving or rock climbing, could cause problems.
• Working a Second Job: While not explicitly prohibited by the FMLA, working a second job during FMLA leave could be viewed as misuse, particularly if the work is physically demanding or contradicts the reason for your leave.

FMLA and Out-of-State Travel: Additional Considerations

FMLA and out-of-state travel introduce additional complexities.

Impact on Caregiving Responsibilities

• Distance and Availability: If you’re caring for a family member, out-of-state travel might make it difficult to provide timely care in case of an emergency. Consider whether alternative care arrangements are necessary.
• Accessibility to Medical Care: Ensure that your family member has access to adequate medical care while you’re out of state.

Communication with Your Employer

• Transparency: Be upfront with your employer about your out-of-state travel plans and how they align with your FMLA leave.
• Documentation: Keep thorough records of your activities and expenses related to your caregiving responsibilities.

FMLA Travel Guidelines: Key Takeaways

Here are some FMLA travel guidelines to help you navigate this complex area:

• Know Your Rights: Familiarize yourself with the FMLA regulations and your employer’s policies regarding leave.
• Communicate Openly: Keep your employer informed of your travel plans and any changes to your situation.
• Obtain Medical Documentation: Secure a doctor’s note for FMLA travel if you’re on leave for your own medical condition.
• Document Everything: Keep records of your activities, expenses, and communications with your employer and healthcare provider.
• Consult with an Attorney: If you’re unsure about your rights or have concerns about potential repercussions, seek legal advice from an employment law attorney.

Employer Restrictions on FMLA Travel: What Are the Limits?

Employer restrictions on FMLA travel must be reasonable and not violate the FMLA.

• Reasonable Policies: Employers can implement policies requiring employees to provide notice of travel plans and documentation supporting the consistency of travel with the purpose of the leave.
• Prohibited Actions: Employers cannot deny FMLA leave or retaliate against employees for taking FMLA leave for legitimate reasons. They also cannot impose overly restrictive or burdensome requirements that effectively discourage employees from taking leave.
• Investigation: If an employer suspects misuse of FMLA leave, they can conduct a reasonable investigation, but they must do so fairly and objectively.

Seeking Legal Advice

If you’re facing challenges related to traveling while on FMLA leave, it’s wise to seek legal advice from an employment law attorney. An attorney can help you understand your rights, assess your situation, and protect your job security.

When to Consult an Attorney

• Denial of Leave: If your FMLA leave request has been denied.
• Disciplinary Action: If you’re facing disciplinary action or termination for traveling while on FMLA leave.
• Unclear Policies: If your employer’s policies regarding FMLA leave are unclear or inconsistent with the FMLA regulations.
• Retaliation: If you believe your employer is retaliating against you for taking FMLA leave.

FAQ: Traveling While on FMLA

Q: Can my employer deny my FMLA leave if I travel?
A: Yes, if your travel is inconsistent with the reason for your leave or violates your employer’s policies. However, they must have a legitimate, non-discriminatory reason for doing so.

Q: What if I need to travel for a funeral while on FMLA?
A: Traveling for a funeral while on FMLA is a gray area. If you are using FMLA to care for a sick relative, and they pass away, you may need to notify your employer of the change in circumstances. If you are using FMLA for your own medical condition, you would need to justify how the travel relates to your own medical needs or recovery. Communication is key.

Q: Can my employer track my location while I’m on FMLA?
A: Generally, no. Unless you are using a company-provided device that has location tracking enabled as a standard feature, your employer cannot track your location without your consent. Doing so could raise privacy concerns and potential legal issues.

Q: What documentation do I need to travel while on FMLA?
A: You typically need a doctor’s note stating that your travel is consistent with your treatment plan. You may also need to provide documentation related to your caregiving responsibilities.

Traveling while on FMLA leave requires careful planning, open communication, and adherence to both legal requirements and employer policies. By understanding your rights and responsibilities, you can navigate this complex situation and protect your job security.