On Feb. 9, 2023, the U.S. Department of Labor (DOL) published a Field Assistance Bulletin (FAB) No. 2023-1 that includes guidance on how to apply eligibility rules under the Family and Medical Leave Act (FMLA) when employees telework or work away from an employer’s facility. FABs provide guidance to DOL Wage and Hour Division (WHD) field staff.
The FMLA requires covered employers to provide eligible employees with up to 12 weeks of unpaid, job-protected leave for specific reasons related to the health and well-being of themselves and their families. Generally, employers are covered if they have at least 50 employees. Employees are eligible for FMLA benefits if they: