The US Department of Labor’s Wage and Hour Division has issued a reminder that remote workers may be eligible for leave under the Family and Medical Leave Act (FMLA). Employees who work remotely are entitled to FMLA leave on the same basis as employees who work on an employer’s premises, so long as they meet the FMLA’s eligibility requirements. The first two eligibility requirements are easy to apply to remote employees, but when determining the “50 employees within 75 miles” requirement, the remote employee's work location is considered to be “the office to which they report or from which their assignments are made”. The employee count should include all other remote employees who report or get assignments from the same location.
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