DOL relaxes FMLA posting, remedy necessities

By Last updated Dec 30, 2020

Diving letter:

The U.S. Department of Labor (DOL) published two guidelines on Tuesday This gives employers more flexibility in handling the overlap of remote practices and compliance with federal labor law.
employer can satisfy Fair Labor Standards Act or Family and Medical Leave Act Posting obligations by managing an electronic posting if: all employees telework only, usually receive information electronically, and have access to electronic postings at all times, said DOL in the first guide.
In one second field assistance bulletinDOL’s WOL and Hour Division (WHD) wrote that employee telemedicine visits may qualify as qualified treatment for a major health condition under the FMLA. Treatment must be examination, evaluation, or treatment by a health care provider. be approved by state licensing authorities; and should be conducted via video conference, WHD stated.

Dive Insight:

If youSeveral federal agencies have worked to allow employers flexibility in their compliance efforts during the pandemic. US immigration and customs control, for example, temporarily waived the employer’s obligations To personally review Form I-9 in March.

Prior to Tuesday’s guidance, employers were advised to duplicate their posting requirements, ensure that notices are posted at workplaces, including blank ones, and electronic communications continue. Fisher Phillips Kevin Troutman previously told HR Dive. When DOL published guidance Regarding the posting requirements for the Families First Coronavirus Response Act, employers were required to post a notice on site, but it was specified that employers would respond to the request through email or post or notifications to employees or by posting the information online able to fulfill.

The second bulletin also represents a relaxation in view of the pandemic. In 2020, investigations into telehealth skyrocketed. According to the Blue Cross Blue Shield Association, virtual care usage increased 1.6 times in May year over year Survey resultsand DOL seems to have adapted to this trend.