Not surprisingly, simple solutions to complex issues are often elusive. Yet on rare occasions, the solution is in plain sight. Doubtful? For employers struggling with the issue of a remote employee’s eligibility for job-protected leave under the federal Family and Medical Leave Act (FMLA), there is a very simple answer. And, unlike the analysis we discussed in our commentary about wage and hour issues for remote employees, the answer does not depend on the location of the remote employee.

Most employers are familiar with the first two of the three employee eligibility requirements under the federal FMLA. It is the third eligibility requirement that may throw employers of remote employees for a loop. An employee is eligible for FMLA leave if the employee:

1. Has been employed by the employer for at least 12 months, and
2. Has been employed for at least 1,250 hours of service during the 12-month period immediately preceding the commencement of the leave; and
3. Is employed at a worksite where 50 or more employees are employed by the employer within 75 miles of that worksite.

The third eligibility requirement

Few employers were concerned with the third requirement when most employees worked at the employer’s physical location (worksite). However, as remote work becomes more of the rule than the exception, many employees are working at locations other than the employer’s physical worksite, often even in a different state. How is an employer to determine whether a remote employee is...

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