The U.S. Department of Labor released Field Assistance Bulletin 2021-1 providing guidance on the application of the Family and Medical Leave Act (FMLA) and Fair Labor Standards Act (FLSA) to employees who telework.
For an employer to be subject to the FMLA, and for an employee to have FMLA eligibility, the employee must be employed at a worksite where 50 or more employees are employed by the employer within 75 miles. A home residence is not generally considered an employer “worksite.” The Field Assistance Bulletin provides that when an employee works remotely, their “worksite” for FMLA eligibility purposes is the office to which they report or from which they receive assignments.
The FLSA requires employers to pay employees for all hours worked, including work performed outside the general work location. The Field Assistance Bulletin clarifies that even in a remote work setting, short breaks (typically 20 minutes or less) are counted as compensable hours worked and longer breaks, during which an employee is completely relieved of work duties and can use the time for their own purposes, are not considered compensable hours worked under the FLSA.
A copy of Field Assistance Bulletin 2023-1 may be accessed by clicking here.
