2024 Pay or Play Affordability Percentage

Telework and FMLA Eligibility

The Department of Labor (DOL) released a Field Assistance Bulletin (FAB) providing guidance on how eligibility rules are applied under the Family and Medical Leave Act (FMLA) when employees telework or work outside an employer’s facility.

FMLA leave is provided by employers who have at least 50 employees. Eligible employees are able to take up to 12 weeks of unpaid, job-protected leave for reasons related to the health and well-being of themselves and their eligible family members. Employees are considered eligible if they have worked for their employer for at least 12 months, have worked 1,250 hours during the 12 months preceding the start of their leave, and have worked at a location where the employer has at least 50 employees within a 75-mile radius.

Field Assistance Bulletin on FMLA Telework Eligibility

Through FAB No. 2023-1, employees who telework are eligible for FMLA leave on the same basis as other employees. For FMLA eligibility purposes, a teleworking employee’s worksite is the office to which they report or from where work assignments are distributed. This means that the count of employees within 75 miles of a worksite includes employees who telework.

In regards to hours worked, all hours are counted when teleworking or working at another worksite.


If you have any questions regarding telework and FMLA eligibility, please reach out to your dedicated team member.