How Does FMLA Apply to Your Remote Employees?
Recovery from an illness or injury is often highly unpredictable, and in some circumstances the process can take several months.
The same unpredictable circumstances exist in the lives of employees everywhere, regardless of their type of work—and whether or not they work remotely.
For three decades, the Family and Medical Leave Act (FMLA) has served American workers who would otherwise be forced to make the difficult decision between their own or a family member’s well-being and their jobs when faced with these challenges.
So, how does FMLA apply to your employees who don’t come into the office?
The Department Of Labor (DOL) recently issued a Field Assistance Bulletin (FAB) to clarify FMLA matters for employers and remote employees.
Employers must maintain FMLA compliance or face costly fines and other penalties, so it’s important to be sure your organization is in compliance with the law. Here’s what you need to know.
The Basics of FMLA
Enacted by the U.S. Congress on February 5, 1993, FMLA offers relief to employees with healthcare issues for themselves or loved ones. It entitles all eligible workers of covered employers to take unpaid leave that does not put their jobs at risk. FMLA applies to all businesses with 50 or more employees.
FMLA lays out specified family and medical reasons that allow employees to take family or medical leave with the continuation of group health insurance under the same terms and conditions as if the employee had not taken family or medical leave. Maternity, paternity and other early childhood health-related matters, such as breastfeeding, fall under FMLA.
Which of My Employees are Eligible for FMLA?
An employee is eligible for FMLA leave if he or she has worked for the same employer for at least 12 months and have accrued 1,250 hours of service during the past 12 months. Further, the employee must work in a location where the business employs 50 or more employees within 75 miles.
The Fair Labor Standards Act (FLSA) principles help determine whether an employee has worked the minimum 1,250 hours of service and other issues surrounding compensable hours. Time when an employee takes leave from work due to pregnancy complications might count against the 12 weeks of FMLA.
What Must Employers Provide Under FMLA?
Employers who are subject to FMLA are required to provide:
1. 12 Weeks of Leave Within a 12-Month Period
During this time, eligible employees can take this protected leave for the following:
- The birth and care of a newborn child within the first year of the child’s birth, covering maternity or paternity leave, sometimes referred to as paid parental leave;
- The placement of a child for adoption or foster care with an employee, allowing the employee parent to care for the newly placed child within the first year of placement;
- The essential care for an employee’s spouse, child or parent who suffers from a serious and/or long-term health condition;
- A serious health condition afflicting the employee, rendering him or her unable to perform essential duties of his or her job; and
- Any qualifying urgent need related to the care of the employee’s spouse, child or parent who is a military member listed on “covered active duty.”
2. 26 Weeks of Leave During a 12-Month Period
This part of FMLA covers the spouse, son, daughter, parent or other next of kin of a service member suffering from a serious illness or injury. The family member set to care for the service member is to be granted this extended leave, known as military caregiver leave.
FMLA and Remote Employees
Illness and injury to the employee or a family member can still have a negative impact on remote employees because family and medical issues still arise regardless of proximity to one’s workplace. Such circumstances can impair their ability to do their work effectively, whether working onsite or remotely.
Most of the original elements of FMLA apply to remote workers, but there are some necessary conditions employers and remote workers must consider to ensure compliance with FMLA and to promote everyone’s well-being—including the health of the business.
For eligibility as a remote worker, the employee must be:
- employed at a worksite with 50 or more employees;
- employed by the same employer; and
- must work within 75 miles of the worksite.
The employer’s business address, and not the employee’s home address, is the only location that is considered a “worksite” for FMLA purposes. The employee still reports to the employer’s office, from which any assignments are made for the employee to complete.
Therefore, if an employer has 50 employees working within 75 miles of the employer’s worksite, and those employees have completed 1,250 hours of service within the past 12 months, they meet FMLA eligibility requirements.
The Value of FMLA for Remote Workers and Employers
While you must comply with FMLA requirements to protect your business from fines, penalties and marks against your reputation, it’s also easy to understand how challenging it can be to replace talented and dedicated employees who are going through a difficult time.
FMLA (whether it’s for in-house or remote employees) gives you the tools you need as a business leader to retain and support your best employees during challenging times.
If you’d like to learn more about how FMLA applies to your remote employees or how your organization is complying with other regulations, reach out to a member of our team to start the conversation.
