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Text of DOL FAB 2023-01: Telework Under the Fair Labor Standards Act and Family and Medical Leave Act (PDF)
Wage and Hour Division [WHD], U.S. Department of Labor [DOL] Link to more items from this source
[Official Guidance]
Feb. 15, 2023

"Employees who telework are eligible for FMLA leave on the same basis as employees who report to any other worksite to perform their job.... 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 employee meets that FMLA eligibility requirement. 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."  MORE >>

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