DOL Updates Q&As on COVID-19 and the FMLA

18 August 2025

See How We're Different

Get A Quote

or call us:  (858) 384‑1506

The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) has updated its “COVID-19 and the Family and Medical Leave Act Questions and Answers” web page, initially published in 2020. As before, the Q&As explain that—under the FMLA—covered employers must provide eligible employees with job-protected, unpaid leave for specified family and medical reasons. Additionally, employees on FMLA leave are entitled to the continuation of group health insurance coverage under the same terms that were in effect before they took leave.


The updates reorient the Q&As toward employees (rather than employers), add information about employee leave under the Families First Coronavirus Response Act (FFCRA), and remove a question about preventing employee abuse of Family and Medical Leave Act (FMLA) leave.


The Q&A revisions also:


  • Alert readers to state or federal leave requirements that might apply even when the FMLA does not;
  • Update language explaining how telemedicine visits can establish a serious health condition under the FMLA and
  • Affirm the employer’s ability to request a physician’s note to certify the need for FMLA.


In addition, the Q&As also expand the discussion of nondiscrimination laws employers must avoid violating during layoffs.


This Compliance Bulletin contains DOL’s Q&As.

Headshot of a smiling person wearing a blue plaid suit, white shirt, and teal tie against a dark blue circular background.

By: Michael Fusco

CEO & Principal of Fusco Orsini & Associates

(858) 384‑1506

Recent Post

Blue and white graphic with text: employee benefits 2027 an overview for business owners
by Mike Fusco • 18 September 2026
How small and midsize business owners can navigate employee benefits in 2027: a look at key health insurance cost drivers, trends, and what employers can do next.
Assault and Battery Insurance for Hospitality Venues
26 August 2026
Assault and battery insurance protects hospitality venues from fight-related claims, security incidents, legal costs, and costly coverage gaps.
Assault and Battery Insurance for California Bars
26 August 2026
Assault and battery insurance for California bars protects against fight-related claims, legal costs, bouncer incidents, and costly coverage gaps.
Show More