Determining FMLA eligibility of remote employees

Q         We have 140 employees working remotely across many states, and as a result, they meet three of the four Family and Medical Leave Act (FMLA) requirements but not the requirement to work at a location with 50 or more employees within 75 miles. How should we determine their FMLA eligibility?

Determining FMLA eligibility can be tricky for employers that have many employees working remotely and/or at multiple worksites separated by distance. As a threshold matter, there’s a difference between a “covered employer” (subject to FMLA requirements) versus an “eligible employee” (entitled to take FMLA leave). The FMLA applies only to covered employers that meet specific criteria, which would include private-sector employers with 50 or more employees in 20 or more workweeks in the current or preceding calendar year, including a joint employer or successor in interest to a covered employer.

Even if an employee works for a “covered employer,” they will be eligible to take FMLA leave only if they have worked for the employer for at least 12 months, have at least 1,250 hours of service during the 12-month period immediately preceding the leave, and work at a location with at least 50 employees within 75 miles.