09 Jan Are distant workers eligible for FMLA? If that’s the case, how is their worksite decided?
Distant workers who in any other case qualify might be eligible for FMLA in the event that they report back to or obtain work assignments from a location that has 50 or extra workers inside a 75-mile radius.
In accordance with the FMLA rules, the worksite for distant workers is “the location to which they’re assigned as their residence base, from which their work is assigned, or to which they report.” So, for instance, if a distant worker working in Frisco, TX reviews to their firm’s headquarters in Portland, OR, and that website in Portland has 65 workers working inside a 75-mile radius, then the worker in Frisco could also be eligible for FMLA. Nonetheless, if the location in Portland has solely 42 workers, then the distant worker wouldn’t be eligible for FMLA. The gap of the distant worker from their worksite is immaterial.
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