DOL Bulletin Addresses Artificial Intelligence and the FMLA

On April 29, 2024, the DOL’s Wage and Hour Division (WHD) published a Field Assistance Bulletin (FAB) on the application of the Fair Labor Standards Act (FLSA) and other federal labor standards regarding the use of artificial intelligence (AI) and other automated systems in the workplace. The FAB also provides detailed guidance on the challenges that may arise with the use of AI and compliance with the FMLA. 

For purposes of FMLA compliance, AI and other technologies are sometimes used to process FMLA leave requests and track leave time off. The FAB writes that relying on automated systems without responsible human oversight to process leave requests, determine eligibility, and address other FMLA administrative processes can create potential compliance challenges. For example, timekeeping programs that use an AI system may incorrectly determine the hours an employee has worked, which may result in a failure to correctly determine an employee’s FMLA eligibility.  

Additionally, an AI system that manages FMLA leave certification and requires employees to disclose excess medical or other personal information may violate the FMLA certification rules.  

In summary, employers must comply with the FMLA rules regardless of whether they use AI or other automated systems to track and manage the administration of the FMLA. Violations of the FMLA include failing to authorize or otherwise interfering with or restraining FMLA leave through an automated management tool. Importantly, the use of AI or automated technologies should be overseen by the employer to avoid the risk of FMLA violations as employers are ultimately responsible for ensuring that these systems comply with the law. Employers should regularly audit and evaluate AI systems to identify and address any potential compliance gaps or biases and correct the issues immediately.  

DOL Field Assistance Bulletin No. 2024-1 »