On Feb. 9, the U.S. Department of Labor’s Wage and Hour Division issued Field Assistance Bulletin No. 2023-1, “Telework Under the Fair Labor Standards Act and Family and Medical Leave Act,” which provides guidance to WHD field staff on how to ensure teleworking employees are properly paid and protected under the FLSA and how to apply eligibility rules under the FMLA.

The WHD’s guidance states, “Employees can have the flexibility of work from home, telework, or work away from premises managed or controlled by the employer and also remain covered by the protections of the FLSA and the FMLA.”

The FAB, under the Telework and FLSA section, discusses short breaks of 20 minutes or less; meal breaks and off-duty time; and break time for pumping breast milk and privacy to pump. Also discussed, under Telework and FMLA, is employee eligibility and employee’s worksite.

In addition, WHD published opinion letter FMLA2023-1-A explaining that an eligible employee with a serious health condition that requires a reduced work schedule indefinitely may use available FMLA leave to limit their workday.

Visit the WHD website for more information on FAB No. 2023-1 and opinion letter FMLA2023-1-A.