FMLA and Remote Employees, the DOL Has Spoken
The increase in flexible work environments and growth in remote workforce has created numerous compliance challenges for employers. Among the significant issues facing employers with increasing numbers of remote employees is the application of FMLA. The DOL has released Field Assistance Bulletin 2023-1 to assist employers.
As a reminder, “employees are eligible for FMLA leave when they have worked for the employer for at least 12 months; have at least 1,250 hours of service for the employer during the 12-month period immediately preceding the leave and work at a location where the employer has at least 50 employees within 75 miles.”* The challenge of determining employee ‘worksite' crops up when employees are dispersed around the country. The DOL reminds employers that home office locations are not considered ‘worksite’ when it comes to FMLA.
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 employer’s worksite (the location to which the employee reports or from which their assignments are made), the employee meets that FMLA eligibility requirement.
The Field Assistance Bulletin notes “The legislative history of the FMLA indicates that Congress intended the term “worksite” to be construed in the same manner as the term “single site of employment” under the Worker Adjustment and Retraining Notification Act.The clarity is appreciated as employers continue to grapple with the rising compliance challenges in the post Pandemic economy.
* 29 C.F.R. § 825.110(a)