DOL Provides Employers Additional Flexibility During Pandemic

On December 29, 2020, the U.S. Department of Labor (DOL), Wage and Hour Division, published a pair of guidance memos (specifically referred to as Field Assistance Bulletins) that give employers added flexibility to remain in compliance during the COVID-19 pandemic.

The first guidance memo (hereafter "Telemedicine Memo") addresses the use of telemedicine visits to prove that an employee's time off is covered under the Family and Medical Leave Act (FMLA).  By way of review, the FMLA provides eligible employees with unpaid, job-protected leave for specified family and medical reasons, including when the employee or their family members suffer from a "serious health condition" as defined by the act.  Per the FMLA regulations enacted in 2008, an in-person visit to a health care provider - i.e., an office visit - is one method for a worker to prove they or a family member suffers from a serious health condition.  Telemedicine visits obviously are not office visits, so