New FMLA Guidance Includes Using Telemedicine as an In-Person Visit

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The U.S. Department of Labor (DOL) published a Field Assistance Bulletin 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 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.