FMLA International Work

Accordingly, when an employee has worked outside of the US for a covered employer, returns to the US to continue working for the same covered employer and then requests FMLA leave, the hours worked for the covered employer outside of the US do not count toward the 1,250 hours worked eligibility requirement.

Although it is quite clear that an employee working outside of the US is not covered under the FLSA and hours worked do not count toward FMLA eligibility, there remains an exception if the employee works a partial week in the US and a partial week outside the US. The FLSA is applicable on a week by week basis, and for this scenario the FLSA clarifies that, “When part of the work performed by an employee for an employer in any workweek is covered work performed in any State, it makes no difference where the remainder of such work is performed; the employee is entitled to the benefits of the Act for the entire workweek unless he comes within some specific exemption.” (29 C.F.R. § 776.7, see footnote 20.) This direction requires employers to count the entirety of the hours worked for that split week toward ‘hours worked’ for FMLA eligibility purposes.

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