The Department of Labor (DOL) has recently issued a couple of field assistance bulletins (FAB) prompted by the remote and virtual settings that so many find themselves in due to the coronavirus situation.

In Field Assistance Bulletin 2020-7, the DOL provides that under certain circumstances federally mandated labor posters can be delivered electronically. The types of notices to which this FAB applies include the Family and Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), and the Employee Polygraph Protection Act (EPPA).

An employer can avail itself of this if several conditions are met:

• All employees must exclusively work remotely. If the employer has a portion of its population that does not work remotely, the employer must continue to post required information in the traditional methodology, which generally means posting it in frequented places such as break rooms. FAB encourages employers to provide the document electronically if a portion of the workforce works remotely.
• Employees must customarily receive electronic communications from the employer. The electronic posting would not work if the employee does not typically receive electronic communications from the employer.
• Impacted employees must have regular access to electronic communications at all times.In other words, an internet, email or other similar electronic methodologies must be available to employees at all times.
• The employer must clearly communicate about how to access the electronic notices.

Field Assistance Bulletin 2020-8, provides guidance on how telemedicine can be used to qualify a serious health condition for FMLA purposes. Generally, an in-person visit is one of the methods that a serious health condition can be determined. This guidance provides that telemedicine can be used if the following conditions are satisfied:

• The telemedicine visit must be an examination, evaluation or treatment by a health care provider.
• The electronic methodology must be permitted and accepted by state licensure requirements.
• Ideally the electronic visit is provided via video conference and not simply via text or phone call.

As a reminder, the use of telemedicine has been expanded, at least temporarily, during the duration of the coronavirus. Further, the HSA rules have been temporarily relaxed regarding the use of telemedicine.

A summary of these new federal laws and regulatory guidance is contained in the following CBIZ publications:

Employer Compliance Handbook: COVID-19's Impact on Benefits and Employment

FAQ - Coronavirus: Impact on Benefits and Employment

While we don’t know for certain, the guidance certainly suggests the needle is moving toward more acceptance of telemedicine as a viable means of medical delivery.

The information contained in this article is provided as general guidance and may be affected by changes in law or regulation. This article is not intended to replace or substitute for accounting or other professional advice. Please consult a CBIZ professional. This information is provided as-is with no warranties of any kind. CBIZ shall not be liable for any damages whatsoever in connection with its use and assumes no obligation to inform the reader of any changes in laws or other factors that could affect the information contained herein.