Can I go away on vacation while on FMLA leave for foot surgery, if my doctor approves my travel?

Steve Duggan replies:

FMLA permits employees dealing with serious health conditions to take leave from their jobs while dealing with those conditions. Neither the law itself, nor the DOL regulations, state any restrictions regarding employee travel during those times. I am aware of at least one case that held that travel to Cancun while on FMLA leave violated the Employer’s paid leave policy, when the employee did not notify the employer or obtain permission of her doctor. If your doctor says it’s ok to travel while also saying your FMLA leave is appropriate, it shouldn’t be a problem. However, I would urge you to let HR and your manager know what you are planning.

Posted 05-08-2018

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.


About the Author:

Steve Duggan graduated from the Law School at the University of Notre Dame while on active duty in the Air Force. He has extensive experience representing management litigating cases of wrongful termination, employment discrimination, and sexual harassment. Steve also has experience in all phases of administrative litigation of unfair labor practice charges, and class and individual complaints of employment discrimination. He has been an instructor of seminars for supervisors and managers on labor management relations and other personnel issues, and for lawyers in basic and advanced trial advocacy courses. Steve came on board with Fair Measures in 1998.