FMLA & Telemedicine: When “Virtual” Counts as “In-Person”

  • 1 minute read

Yes, telemedicine can satisfy the FMLA’s “in-person visit” requirement if it meets the DOL’s criteria. A qualifying visit must:

  • Include an exam/evaluation/treatment by a health care provider (not just advice or scheduling).
  • Be permitted under state licensing rules for the provider and patient location(s).
  • Be conducted by live video (two-way, real-time). Phone calls, emails, texts, or voicemails don’t count.


HR quick wins:

  • Update your FMLA policy and certification FAQs to explicitly recognize qualifying video telehealth visits.
  • Ask for documentation that shows date/time, provider credentials/licensure state(s), and that an exam/evaluation occurred.
  • Ensure managers understand that virtual visits alone are not grounds to reject identifying qualifying leave requests. Apply the same review standards used for in-person care.
  • Apply the same standard for recertifications and intermittent leave.



How ConnectBridge helps: Capture visit details in one case file, flag non-qualifying “phone-only” contacts, and keep audit-ready timelines for certifications, recerts, and intermittent usage.

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