Since the COVID-19 pandemic, we have seen a large shift to hybrid and fully remote working. With this transition to working away from the office or worksite, companies need to be aware of how having a certain number of employees with a remote working status can affect them. As of Feb. 9, 2023, the U.S. The Department of Labor (DOL) has published a field assistance bulletin (FAB) that includes guidance on how to apply eligibility rules under the Family and Medical Leave Act (FMLA) when employees work away from an employer’s facility, also known as “teleworking.”

The FMLA requires covered employers to provide all eligible employees with up to 12 weeks of unpaid and job-protected leave for specific health and well-being reasons for themselves and their families. Employers are generally covered if they have at least 50 employees. Employees are eligible for FMLA benefits if they have worked for their employers for at least 12 months, have worked 1,250 hours during the 12 months before the leave, and work at a location where the employer has at least 50 employees within 75 miles. Employees who telework are eligible for FMLA leave on the same basis as any other employees. However, for eligibility purposes, a teleworker’s personal residence is not a worksite. Instead, the office they report to or receive assignments from is considered their worksite and that employee is a part of the 50 employees within 75 miles of the site. This means that if a company has 50 employees that are employed within 75 miles from the employer's worksite (the location to which the employee reports), these employees meet the FMLA eligibility requirement. Additionally, all hours worked are counted when an employee teleworks consistently or in combination with working at another or various worksites. 

These guidelines are especially important to be aware of for companies that have crossed the 50-employee line during or after covid now that working remotely is so common. To learn more about how the DOL’s FMLA guidelines and your company’s or employees; eligibility, reach out to Diversified Insurance Industries, Inc. for more information or visit:

DII is your partner in company compliance. Our team of experts can work with you to understand how FMLA applied to your situation in 2023. Please contact your DII representative for more information. #FMLA #DOL

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