Navigating the Family and Medical Leave Act (FMLA) in the COVID era, including the pandemic-related amendments, has felt like a minefield for many employers. Now that the surge of COVID-related uses of FMLA leave has largely passed, a new aspect of statutory compliance is emerging as a hot-button issue: treatment of remote workers under the FMLA.

The FMLA provides eligible employees with up to 12 weeks of protected, unpaid leave per year for qualifying family or medical reasons. In order to be eligible for FMLA coverage, four elements must be met:

  • The employer is a covered employer under the act, meaning it has at least 50 employees for at least 20 weeks in the current or previous year;
  • The employee must have worked for the employer for at least 12 months, not necessarily consecutively;
  • The employee must have worked at least 1250 hours in the last 12-month period; and
  • Thr employee must be employed at a worksite where the employer employs at least 50 employees within a 75-mile radius.