DOL Issues Telework Field Assistance Bulletin and FMLA Opinion Letter

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Hey Compliance Warriors,


Today, the Wage and Hour Division (WHD) issued Field Assistance Bulletin (FAB) No. 2023-1, “Telework Under the Fair Labor Standards Act and Family and Medical Leave Act”. This bulletin provides guidance and clarification regarding the application of Fair Labor Standards Act (FLSA) hours worked principles to employees who telework: in particular, break time provisions for nursing employees who are eligible for pump-at-work protections, and the hours-of-service eligibility requirement of the Family and Medical Leave Act (FMLA).


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



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Lisa Smith, SPHR, SCP
EEOC Certified EEO Investigator

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Lisa Smith, SPHR, SHRM – SCP

Certified EEO Investigator (EEOC)

Lead Support and Content Chief – HelpDeskforHR.com

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