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ARTICLE · 26 MAY 2023

DOL Weighs In On FMLA

Manatt, Phelps & Phillips, LLP
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In a recent bulletin, the Department of Labor (DOL) provided an important reminder to employers that a remote worker may be eligible for leave under the Family and Medical Leave Act...

United StatesEmployment and HR
Manatt, Phelps & Phillips, LLP
Manatt, Phelps & Phillips, LLP

In a recent bulletin, the Department of Labor (DOL) provided an important reminder to employers that a remote worker may be eligible for leave under the Family and Medical Leave Act (FMLA), while also sharing an opinion letter considering whether an employee may use FMLA leave to limit their work schedule for an indefinite period of time.

In Field Assistance Bulletin (FAB) 2023-1, the agency offered guidance to field staff on a variety of issues related to remote work, including how to apply eligibility rules under the FMLA when employees telework or work away from an employer's facility.

To be eligible for FMLA leave, among other things an employee must work at a worksite where the employer has 50 or more employees within 75 miles.

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