Employers are more open to having remote employees than they used to be. This lasting effect of the Covid-19 pandemic has prompted new questions under the Family and Medical Leave Act about how to count the number of employees at a workplace.
To be eligible for leave under the FMLA, an employee must have worked for a covered employer for at least 12 months, with at least 1,250 hours worked. The employee also must work at a location where the company has at least 50 employees within a 75-mile radius at the time the employee requests the leave.
The Department of Labor issued guidance earlier this year that addresses telework and how remote employees should be counted to determine if they qualify for FMLA leave. The DOL concluded that remote employees should be counted based on the office or workplace to which they reported or, if none, where their work assignments are generated.
Remote employees who don’t physically report to a worksite will be deemed part of the worksite where their assignments originate. If a remote employee receives assignments from a worksite that has at least 49 on-site employees, the remote employee will be eligible for FMLA leave, provided they’ve worked the requisite time periods.
The guidance also suggests there should be no difference...
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