The FMLA and treatment outside the U.S.

What the FMLA regulations say

The regulations cover situations involving treatment outside the U.S. They say:

In circumstances in which the employee or a family member is visiting in another country, or a family member resides in another country, and a serious health condition develops, the employer shall accept a medical certification as well as second and third opinions from a health care provider who practices in that country. Where a certification by a foreign health care provider is in a language other than English, the employee must provide the employer with a written translation of the certification upon request.

Reference: 29 CFR 825.307(f)

While this focuses on getting an FMLA certification from health care providers outside the U.S, employers have to count leave supported by a foreign certification as FMLA leave.

Employers also might wonder if employees may take FMLA leave to voluntarily obtain treatment outside the U.S, since the regulation doesn’t specifically address this. According to a representative from the U.S. Department of Labor’s Wage and Hour Division (WHD), yes, they may.

FMLA health care providers can be beyond the U.S. borders, whether they provide treatment to employees or their family members with serious health conditions. Employers should count such time off as FMLA leave.

Travel time

The WHD recently indicated that eligible employees may use FMLA leave to travel to or from a medical appointment, even if a certification doesn’t indicate the need for, time required, or other particulars of such travel time.

Key to remember: Employees may take FMLA leave to care for a family member in another country, or when they receive treatment for their own condition in another country.