For FMLA, a remote employee’s worksite is the office they report to, not their home.
The FMLA applies to employers with 50 or more employees within 75 miles of the worksite, and the regulations say how to treat employees who work from home.
The basics for employers.
A plain-English summary. This is general information, not legal advice, and the rules change, so check the current text.
The Worksite
An employee’s personal residence is not a worksite for employees who work at home. The worksite is the office to which they report or from which assignments are made (29 CFR 825.111).
The 50 and 75 Test
An employee is eligible only if the employer has 50 or more employees within 75 miles of the worksite.
Employee Eligibility
The employee must also have worked for the employer for 12 months and for at least 1,250 hours in the last 12 months (29 CFR 825.110).
How it plays out.
Document the assigned office for each remote employee. A remote employee who reports to an office with fewer than 50 employees within 75 miles may not be eligible, even if the company has more than 50 employees overall.
Joint employment and staffing arrangements can affect the count, so check them separately.
Remote employees still need the FMLA general notice, and eligibility notices must be sent on time.
Where this shows up in your plan.
The group health plan must be maintained during FMLA leave on the same terms as if the employee were working, so premium collection and payroll should be ready for leave.
Keep the leave designation, the plan administrator’s records and payroll in step.
Remote employees may find it harder to return premium payments, so confirm the process in writing.
Setting it up.
Assign Each Worksite. Record the office each remote employee reports to.
Count Employees. Count within 75 miles of each worksite.
Send Notices. Send eligibility and designation notices on time.
Coordinate Premiums. Set up premium collection during leave.
Mistakes to avoid.
Using the Home Address. The reporting office controls.
Counting All Employees. Only those within 75 miles count.
Missing Notices. Notices have deadlines.
Laws and Rules Referenced
Employee eligibility, 29 CFR 825.110 — Eligibility tests.
Worksite, 29 CFR 825.111 — How to count employees and treat remote workers.
Department of Labor, FMLA — Agency guidance.
Quick answers.
Short answers to what employers ask most. This is general information, not legal or tax advice.
What is a remote employee’s FMLA worksite?
The office they report to or are assigned from.
What is the 50 and 75 test?
50 employees within 75 miles of the worksite.
What else is required for eligibility?
12 months of employment and 1,250 hours.
Must the plan continue during leave?
Yes, on the same terms as if the employee were working.
More employment law guides for Michigan employers.
Harassment and Discrimination Rules for Michigan Employers
Employer duties and the benefit-plan questions that follow.
ADA and Religious Accommodations for Michigan Employers
Employer duties and the benefit-plan questions that follow.
Independent Contractor and Joint Employer Classification Guide
Employer duties and the benefit-plan questions that follow.
Employee Handbooks and Arbitration Agreements Michigan Guide
Employer duties and the benefit-plan questions that follow.
Reductions in Force, WARN Act and Benefits Continuation
Employer duties and the benefit-plan questions that follow.
Whistleblower and Retaliation Protections for Michigan Employers
Employer duties and the benefit-plan questions that follow.
An independent employee benefits consulting firm. We look at the entire benefits program — cost, plan performance, risk and administration.
Switch to CFH. Unhappy with your broker? Your employees won’t notice. You will. →