FMLA Developments Regarding Telework And Retaliation Claims You Should Know About

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,