Remote employees can qualify for federal Family and Medical Leave Act leave. Working from home does not remove FMLA protection, but it does not establish eligibility either. The employee must satisfy the applicable service and worksite requirements, and the leave must be for a qualifying reason. [1][2]
The home usually is not the FMLA worksite
For employees working from home, the FMLA regulation treats the worksite as the office to which they report or from which their assignments are made. Their personal residence is not the worksite for this purpose. That distinction can determine whether the employer has enough employees nearby. [1]
For example, an employee living hundreds of miles from the reporting office is not automatically ineligible because no coworkers live nearby. HR should identify the reporting or assignment office and apply the employee-count rule there. Conversely, an employer’s large national workforce does not by itself establish the necessary local count. [1][2]
Check all three employee requirements
Under the ordinary federal eligibility rule, an employee must have worked for the employer for at least twelve months, performed at least 1,250 hours of service during the preceding twelve months, and work at a site where the employer employs at least fifty employees within seventy-five miles. The regulation contains specialized provisions, including rules for airline flight crews. [2]
The twelve months need not always be consecutive. Rules governing breaks in service can affect which earlier employment counts. Likewise, being on the payroll for a year does not necessarily establish 1,250 hours of service; hours worked and paid time away are different questions. [2]
The seventy-five-mile distance is measured by surface miles using the shortest route over public transportation routes, rather than a simple circle on a map. The reporting-office designation therefore needs to reflect the actual arrangement, not an assumption based on the employee’s mailing address. [1]
What to ask HR
- Which office is being treated as the reporting or assignment worksite?
- What employee count and distance calculation support the decision?
- Which employment dates and hours were used?
- What notice and supporting documentation are required for this leave request?
Keep the written response and correct any factual errors promptly. State leave laws or employer policies may provide additional rights even when federal FMLA eligibility is absent. If leave is granted, understand how FMLA retaliation is evaluated. If the twelve-week entitlement later ends, possible ADA accommodation after FMLA exhaustion requires a separate analysis.
Primary sources
- 29 CFR 825.111: Determining Whether 50 Employees Are Employed Within 75 Miles
- 29 CFR 825.110: Eligible Employee
Sources checked: October 31, 2026.