FMLA ruling on remote workers

UPDATED: Oct 1, 2022

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FMLA ruling on remote workers

I reside in Massachusetts and work from my home office. I am employed by a
contracting agency based in Maryland. I am looking to take one month of FMLA in
addition to 8 weeks of STD for the birth of my baby in the fall. I was just told
by the agency yesterday that since I do not reside within 75 miles of their
physical office, located in Maryland, I do not qualify for FMLA. I have no
experience with FMLA policy, so would like to confirm if this is actually true.

Asked on May 23, 2019 under Employment Labor Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, it is true. One of the requirements for FMLA leave is that you must work at a location that has at least 50 employees who all work within a 75 mile radius. We presume there are not another 49 employees of your employer working within 75 miles of you, so you are not eligible for FMLA leave.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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