FMLA for Remote Workers - How to Handle the 50 Employees in a 75-mile Radius Eligibility Requirement?

FMLA, passed in 1993, provides protections for employees needing time off for specific family and medical reasons. There are certain eligibility requirements for the company and employee, including that the employee works at a location where the company employs 50 or more employees within 75 miles.

The world of work has changed since then and now many employees are able to work remotely, which adds ambiguity to this rule.

We did a deep dive into this topic clarifying the eligibility requirement.

Understanding the 50/75 Requirement

The 50/75 requirement was implemented to balance the needs of employees with the operational constraints faced by smaller companies.

This rule helps ensure that the company has sufficient resources and workforce flexibility to accommodate the leave without significant disruption. Smaller employers, who may not have the same level of resources, are exempt from the requirements of FMLA, recognizing that providing such leave could impose a considerable burden.

This was an appropriate protective measure for when work was mostly in-person. Since many employees are no longer required to commute to an office, it becomes increasingly difficult for companies to pass the 50/75 threshold, and therefore fewer employees are eligible for FMLA despite working for companies with far more than 50 employees.

Updated Guidance on the 50/75 Requirement 

The Department of Labor (DOL) issued guidance in 2023 on how to count teleworking employees for FMLA eligibility. They specified that the employee’s personal residence is not a worksite and remote employees’ eligibility should be determined based on their reporting office or where their work assignments originate.

For remote employees who don’t report to a physical worksite, they are considered part of the worksite where their assignments are generated. If this worksite has at least 49 other employees in a 75-mile radius, the remote employee will be eligible for FMLA leave, assuming they meet the other eligibility requirements. 

Important to note: the count of employees within 75 miles of a worksite includes all employees whose worksite is within that radius AND includes employees who telework and report to or receive assignments from that worksite. 

The DOL's guidance clarifies that there is no difference in FMLA eligibility for fully remote or hybrid employees. This calculation method ensures that remote work flexibility does not affect FMLA eligibility.

Therefore, a remote employee, even if the only one in a state, can be eligible for FMLA leave if they report to or receive assignments from a qualifying worksite.

So How Can Companies Practically Navigate This?

There are two ways that a company can navigate the 50/75 eligibility requirement:

1. Waive the 75-mile radius requirement and consider all employees FMLA eligible after the company reaches 50 employees

   • This honors both the original intent of FMLA - that smaller less-resourced companies are protected from business disruption - while greatly simplifying the administration of leave

2. Associate all employees (including remote or hybrid) with a physical worksite location to which they report or receive work from 

   • This will ensure that you have an accurate headcount of employees at each worksite location when determining an employee’s FMLA eligibility 

Regardless of which method a company chooses, the most important point is that they are consistent with how they determine the FMLA eligibility.

Conclusion

The world of work is continually evolving, often outpacing government legislation. The Department of Labor is likely to keep updating FMLA guidelines to clarify ambiguities and adapt to changing work environments. Implementing technology like Aidora can ensure your company remains compliant with the latest standards and regulations.