As our readers might expect, new guidance from the Department of Labor and recent case law continue to shape how human resources professionals should be thinking about administering leave under the Family and Medical Leave Act (FMLA).
Regarding teleworking and remote work, the Department of Labor (DOL) recently issued a Field Assistance Bulletin (FAB No. 2023-1) to its Wage and Hour Division field staff regarding how to apply FMLA eligibility rules when employees telework or work away from the employer’s facility. This guidance is particularly appropriate given the increase in remote work and telecommuting during and after the pandemic.
In its Bulletin, the DOL noted that, to be eligible for FMLA leave, an employee must be employed at a worksite where 50 or more employees are employed by the employer within 75 miles of that worksite. However, an employee's personal residence is not considered a worksite. When an employee works from home or otherwise teleworks, their worksite for FMLA eligibility purposes is the office to which they report or from which their assignments are made. Thus, if 50 employees are employed within 75 miles from the employee’s worksite (again, that location to which the employee reports or from which their assignments are made), the employee meets the FMLA eligibility requirement. The count of employees within 75 miles of a worksite includes all employees whose worksite is within that area, including employees who telework and report to or receive...
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