Thursday, May 30, 2013

Working at Home during Family and Medical Leave (FMLA)

More employees who are physically unable to come to work are performing work for their employer from home.  Please note that performing work for the employer from home does not count against the 12-week leave allotment under FMLA.  It is therefore important both for the employee and the employer to document when and if the employee on FMLA leave is performing work tasks from home, as the hours spent performing those tasks should be deducted from any calculation of FMLA leave used.  Perhaps, if technology allows, the employee would have to work through the employer's network, which could track these hours, or at least the employee would contemporaneously record the time, subject matter, client, etc. of the work on the network.

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