FLMA Worksite determination
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?
A. Determining whether 50 remote employees are employed within
75 miles for purposes of FMLA coverage requires interpretation of
the word “worksite” under the law. Per FMLA
regulations, a worksite can refer to a single location or it could
refer to several separate facilities forming a campus. However, for
employees who work at home, “worksite” is defined as
the office to which the employees report and from which assignments
are made. Courts interpreting this provision have focused on the
location from which day-to-day instructions are received or the
location of the personnel who are primarily responsible for
reviewing the work of these employees.
