![]() In recognition of these changes, the DOL addressed telemedicine in July 2020 in its informal guidance, COVID-19 and the Family and Medical Leave Act Question and Answers. The federal government has also taken steps to ease restrictions and make it easier for providers to provide care via video conference or telephone. § 825.115(a)(3).ĭue to the COVID-19 pandemic, many states have implemented measures to permit or expand telemedicine or telehealth. The regulations further define “treatment by a health care provider” to mean “an in-person visit to a health care provider.” See 29 C.F.R. Specifically, the FMLA defines “serious health condition” as an “illness, injury, impairment, or physical or mental condition that involves inpatient care…or continuing treatment by a health care provider.” See 29 C.F.R. This definition is important, because an employee may be unable to establish that he or she has a “serious health condition” in the absence of an in-person visit with a medical provider. 2020-08), Telemedicine and Serious Health Conditions under the Family and Medical Leave Act (FMLA) outlines the circumstances under which telemedicine counts as an “in-person” visit under the FMLA. For employers with workers split between on-site and remote work, the FAB suggests both hard-copy and electronic posting. In addition, electronic posting may not be sufficient if the employer does not customarily post notices electronically, or if the user must request permission to view the file. The FAB generally advises employers that they should take steps to inform employees of where and how to access the notice electronically. The FAB further clarifies that electronic posting is acceptable where all hiring and work is done remotely, and an employer posts the appropriate FMLA notice on an internal or external website that is accessible by all employees and applicants at all times. The existing FMLA regulations already allow employers to meet the posting obligation through electronic posting, as long as all other requirements are satisfied. The notice must be posted “prominently” where it can be “readily seen” by employees and applicants. § 825.300(a), covered employers must “post and keep posted” a notice explaining the FMLA and providing information about the procedures for filing complaints of violations of the FMLA with the DOL. 2020-07), Electronic posting for purposes of the FLSA, FMLA, Section 14(c) of the FLSA, EPPA, SCA, and DBA, explains the circumstances under which an employer can meet its FMLA posting obligations via electronic notice. ![]() Department of Labor (“DOL”) issued two field assistance bulletins (“FABs”) aimed at clarifying obligations under the Family and Medical Leave Act (“FMLA”) in light of the prevalence of telework and telehealth. Public Services, Infrastructure, Transportation.
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