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The Family and Medical Leave Act (FMLA) will continue to apply to some employees who seek treatment through telemedicine. Guidance from the U.S. Department of Labor in late December confirmed that its temporary policy will be extended for the foreseeable future.

FMLA offers eligible employees the opportunity to take up to 12 weeks of protected unpaid leave from work (and perhaps more) in certain situations. Two of the most common ways that these workers can receive FMLA leave is for their own serious health condition or caring for certain family members with serious health conditions of their own. Eligible individuals can demonstrate they have a serious health condition under the statute and its regulations by showing they have received subsequent treatment after a stint of inpatient care or they are receiving continuing treatment from a health-care provider.

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