Employers take note. The US DOL has issued guidance to internal staff (2023-1.pdf) addressing FMLA eligibility when employees telework or work away from an employer’s facility.
Under the FMLA, employees are eligible for 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 DOL’s guidance states that when an employee works from home or teleworks, their worksite for FMLA eligibility purposes is the office to which they report or from which their assignments are made. Therefore, 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 assignments from that worksite.
Employers, particularly those with remote workers, should be aware of this FMLA guidance.