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Factors to address regarding FMLA for remote workers

On Behalf of | Aug 5, 2022 | FMLA |

While weighing their options for employment, individuals may take into consideration the benefits available at each of their prospects. One topic that individuals in the Washington, D.C. metropolitan area may want to consider is leave under the Family and Medical Leave Act, either the federal law, or the comparable state or D.C. laws. Having the ability to take leave from work when necessary for your own medical issues, or to take care of a family member, could provide much-needed peace of mind. However, there are certain rules that govern FMLA coverage, some of which may limit the ability of remote workers to seek FMLA leave.

FMLA coverage

Individuals who wish to know more about their eligibility for FMLA benefits may find that there are numerous rules that might affect coverage. First, one’s employer must be covered under the FMLA, and one may need to work for this employer for 1,250 hours over a previous 12-month period before being eligible for leave. One must also have a valid reason to request FMLA leave, and knowing what types of scenarios might qualify as valid could be helpful to know one’s options. The FMLA laws of the states and D.C. also have their own limits on coverage.

There are also certain rules that might affect employees of companies that employ remote workers, as at least 50 workers must operate within 75 miles of the physical site of their employer for the federal FMLA. Remote workers who reside within this distance may count toward the total number required to be eligible for federal FMLA coverage. However, if most remote workers live outside this distance, or if a company mostly operates remotely and does not have a physical location, it is unclear if FMLA benefits may be available.

Advice on one’s options

Individuals who work remotely may have questions about their options and eligibility for FMLA benefits, but they might not know where to turn for guidance. A person could consult with an attorney in the Washington, D.C. metro area, for advice in addressing the situation. An attorney can help provide insight on an individual’s rights and options and help in taking the necessary steps to protect the individual’s interests if there is a need to take leave from work.

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