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For an employee to be eligible for the Family and Medical Leave Act (FMLA), an employee must meet the following key requirements:
In most cases, the laws are applicable based upon where the employee is performing the work. For example, an Arizona employee who works from home is considered to be working from their Arizona home. However, FMLA eligibility revolves around the employee’s worksite and how it is defined for the FMLA.
To determine FMLA eligibility, the employee’s personal residence is not a worksite.
When an employee works remotely, their worksite is the office to which they report or from which their assignments are made. In other words, this would typically be where the employee’s manager is located. So, if an employee’s manager, and where the employee reports to and receives assignments, is from the corporate office in California, then for FMLA purposes, a remote Arizona employee’s worksite is considered to be the California corporate office.
To determine whether the 50-employee threshold within a 75-mile radius is met, count all employees whose worksite is considered the California corporate office or located within a 75-mile radius of the worksite, including other remote workers who report to this office.
This will help determine if an employee qualifies for FMLA leave under the worksite requirement.
Additionally, for employees in California, the employer also will need to complete an analysis of whether California Family Rights Act (CFRA) leave or any other leave is applicable.
For employees outside of California, employers will need to analyze if any other state/local leave of absence laws apply.
Read more about Employee Eligibility for Family and Medical Leave in the HR Library.