DOL Publishes Guidance on Electronic Notice Posting and Telemedicine Visits Under FMLA

On December 29, 2020, the Department of Labor's Wage and Hour Division (WHD) published two guidance documents, known as Field Assistance Bulletins, addressing compliance questions that have arisen during the pandemic.

The first addresses the extent to which an employer may satisfy notice posting requirements under the laws WHD enforces (including the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA)) by electronic means. 

The second addresses whether telemedicine visits can be considered an "in-person" visit for the purposes of determining if an employee has a "serious health condition" under the FMLA. 

CWC intends to publish an analysis of each Bulletin in the near future.

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