FMLA ruling on remote workers

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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.


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