FMLA and Remote Workers: Special Considerations

Introduction

The shift to remote work has created new questions about FMLA eligibility. If you work from home, which "worksite" counts? Can you be denied FMLA because you're remote? Let's clarify.

The Worksite Rule

FMLA requires your worksite to have 50 or more employees within 75 miles. For remote workers, your "worksite" is:

**The office you report to—not your home.**

This means: - If you report to a headquarters with 200 employees → That's your worksite - If you report to a small regional office with 10 employees → That's your worksite

How "Reporting To" Is Determined

• Where you receive assignments
• Where your supervisor is based
• Where you would work if not remote
• Where your work is administratively managed

Common Scenarios

### Scenario 1: You Report to Main Office **Situation:** Remote worker, supervisor in HQ (500 employees) **Result:** Likely eligible (HQ is your worksite)

### Scenario 2: You Report to Small Satellite Office **Situation:** Remote worker, supervisor in small office (25 employees), no other office within 75 miles **Result:** May NOT be eligible (satellite office is your worksite)

### Scenario 3: No Fixed Office **Situation:** Fully remote, no physical office assigned **Result:** Home base area is considered; count employees within 75 miles of your home

State Differences

Some states don't have the 50-employee requirement: - California CFRA covers smaller employers - State paid leave programs often have different rules

Check your [State Leave Laws](/states) for local protections.

Best Practices for Remote Workers

### Know Your Assigned Worksite Ask HR if you're unsure: > "For FMLA purposes, what is my assigned worksite?"

### Document Your Reporting Structure Keep records of who you report to and where they're based.

### Check State Laws If federal FMLA doesn't cover you, state laws might.

What Employers Should Know

• Worksite determination must be consistent
• Can't change worksite designation to avoid FMLA coverage
• Must apply the same rules to all similarly-situated employees

Conclusion

Remote work doesn't automatically disqualify you from FMLA—but your eligibility depends on which office you "report to," not where you physically work. Clarify your worksite with HR and explore state options if needed.

*LEGAL DISCLAIMER: The information provided on this website is for general informational purposes only and is not intended to be legal advice. Nothing on this site should be taken as legal advice for any individual case or situation. Consult with a qualified employment attorney for guidance specific to your circumstances.*