Employers, especially those with employees spread across multiple states, often wonder whether their workers qualify for leave under the federal Family and Medical Leave Act (FMLA) or state-specific laws like the Massachusetts Paid Family and Medical Leave Act (MA PFML). Navigating these complexities is crucial to ensure compliance and avoid potential legal issues.
FMLA & Remote Employees: What’s the Deal?
The federal FMLA guarantees certain employees up to 12 weeks of unpaid leave for specific reasons, such as a serious health condition or the birth of a child. For private-sector employers to qualify as “Covered Employers” under FMLA, they must employ 50 or more employees in 20 or more workweeks in the current or previous calendar year. The location of these employees doesn’t matter, whether they work in the U.S. or overseas.
If your company meets the FMLA threshold, you may think it’s simple to figure out who qualifies for leave. But there’s a catch for remote workers: To be eligible for FMLA leave, employees must meet two requirements:
Duration and Hours Worked: They must have worked for the company for at least 12 months and completed at least 1,250 hours of work in the last 12 months.
Worksite Requirement: They must work at a location where the company has at least 50 employees within a 75-mile radius.
So, how does this work for employees working remotely from different states? Here’s the twist: A remote worker’s home is not considered their “worksite” under FMLA. Instead, it’s the office they report to or receive assignments from (FMLA regulation 825.111, paragraph (2)). If that office has 50 employees within 75 miles, then the remote worker is eligible for FMLA leave. This means even if an employee works in a state where the company has just one or two employees, they could still qualify if the office they report to meets the 50-employee threshold.
The Massachusetts MA PFML Puzzle
When it comes to state leave laws, Massachusetts takes a different approach with its MA PFML. For remote workers, the rules are based on where the employee’s work is performed—specifically, if that work is “localized” in Massachusetts.
If the worker’s job is mostly done in Massachusetts, they’ll be covered by MA PFML. If they split time between Massachusetts and other states, the work outside of Massachusetts must be minimal. Additionally, even if an employee works remotely from another state, they may still qualify for MA PFML if their “base of operations” is in Massachusetts or the company directs or controls their work from Massachusetts.
Here’s the key: Any remote employee who works in Massachusetts, lives in Massachusetts, or reports to Massachusetts needs to be carefully evaluated to determine if they’re eligible for MA PFML coverage. Even if the worker isn’t physically in Massachusetts all the time, these factors could still make them eligible for state leave.
What Employers Need to Keep in Mind
Remote work opens the door to new challenges when it comes to employee leave. Companies may not realize that remote workers might not be eligible for FMLA or other state-specific leave unless certain criteria are met. Employers must stay informed of leave laws in multiple states, especially if they have remote workers who cross state lines.
Navigating the FMLA and state leave laws for remote employees doesn’t have to be a headache. Employers should always consult with employment counsel to ensure they’re meeting legal requirements and offering employees the leave they’re entitled to.
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