--- title: New FMLA Guidance Includes Using Telemedicine as an In-Person Visit description: The U.S. Department of Labor (DOL) had provided guidance about using telemedicine to establish a serious health condition under FMLA. image: https://blog.nisbenefits.com/hubfs/blog-headers/FMLA%20guidance%20B.jpg --- ![New FMLA Guidance Includes Using Telemedicine as an In-Person Visit](https://blog.nisbenefits.com/hubfs/blog-headers/FMLA%20guidance%20B.jpg) # New FMLA Guidance Includes Using Telemedicine as an In-Person Visit - Home - [Employee Benefit News for School, City and County Employers](https://blog.nisbenefits.com) - New FMLA Guidance Includes Using Telemedicine as an In-Person Visit [ Steve Smith ](https://blog.nisbenefits.com/author/steve-smith) 01/11/2021 [ Legislative News](https://blog.nisbenefits.com/topic/aca-other-legislative-news), [ COVID-19](https://blog.nisbenefits.com/topic/covid-19) [0 Comments ](https://blog.nisbenefits.com/new-fmla-guidance-includes-using-telemedicine-in-person-visit#postComment) 1 Minutes *1.5 minute read* The U.S. Department of Labor (DOL) published a [Field Assistance Bulletin](https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/fab_2020_7.pdf) to provide guidance about using telemedicine to establish a serious health condition under the Family and Medical Leave Act (FMLA). FMLA can provide eligible employees with up to 12 work weeks of unpaid, job-protected leave each year. FMLA can be taken if an employee is dealing with their own serious health condition or that of a family member including illness, injury, physical or mental conditions or impairment. The serious health condition must include inpatient care or continuing treatment by a health care provider. In response to the COVID-19 public emergency, the DOL will consider a telemedicine visit with a health care provider an in-person visit if the visit: - Is generally performed via videoconference; - Is permitted and accepted by state licensing authorities; and - Include an examination, treatment, and evaluation by a health care provider. Any communication methods that do not meet these criteria are insufficient by themselves and do not quality as an in-person visit. [Download the bulletin](https://blog.nisbenefits.com/hubfs/Blog%20-%20supporting%20documents/bulletin%20-%20DOL%20To%20Accept%20Telemedicine%20as%20In-person%20visit%20for%20FMLA.pdf) for more details. *This blog is intended to be a compilation of information and resources pulled from federal, state, and local agencies. This is not intended to be legal advice. For up to the minute information and guidance on COVID-19, please follow the guidelines of the Centers for Disease Control and Prevention (CDC) and your local health organizations.* --- #### Tag: [ Legislative News](https://blog.nisbenefits.com/topic/aca-other-legislative-news) [ COVID-19](https://blog.nisbenefits.com/topic/covid-19) #### Share: - [Follow us on Facebook ](http://www.facebook.com/share.php?u=https://blog.nisbenefits.com/new-fmla-guidance-includes-using-telemedicine-in-person-visit) - [Follow us on Twitter ](https://twitter.com/intent/tweet?url=https://blog.nisbenefits.com/new-fmla-guidance-includes-using-telemedicine-in-person-visit&text=New%20FMLA%20Guidance%20Includes%20Using%20Telemedicine%20as%20an%20In-Person%20Visit) - [Follow us on Linkedin ](http://www.linkedin.com/shareArticle?mini=true&url=https://blog.nisbenefits.com/new-fmla-guidance-includes-using-telemedicine-in-person-visit) - [Follow us on Pinterest ](http://pinterest.com/pin/create/button/?url=https://blog.nisbenefits.com/new-fmla-guidance-includes-using-telemedicine-in-person-visit&text=New%20FMLA%20Guidance%20Includes%20Using%20Telemedicine%20as%20an%20In-Person%20Visitdescription=1.5%20minute%20read%20The%20U.S.%20Department%20of%20Labor%20(DOL)%20published%20a%20Field%20Assistance%20Bulletin%20to%20provide%20guidance%20about%20using%20telemedicine%20to%20establish%20a%20serious[...]&media=https://info.nisbenefits.com/hubfs/blog-headers/FMLA%20guidance%20B.jpg) --- [ #### New Stimulus Bill Includes No Surprises Act ##### Previous Post ](https://blog.nisbenefits.com/new-stimulus-bill-includes-no-surprises-act) [#### New Q&As Issued Regarding FFCRA Leave Requirements ##### Next Post ](https://blog.nisbenefits.com/new-guidance-issued-regarding-ffcra-leave-requirements) ### Leave a Reply This is a search field with an auto-suggest feature attached. - 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