Question:
We have 51 employees. 48 work at the main facility, and 3 work remotely in other states. I have been getting conflicting advice on whether the 3 team members who work from other states count towards our FMLA count. I have been told that if they work 75 miles or more away, they don’t. I have also heard that if they get direction from the main facility, they do.
Answer:
• The 50 or more employee count is determined based on the number of employees on payroll regardless of whether they are part-time, temporary, or seasonal employees.
• The 75 miles are measured from the employee’s worksite by surface miles, using surface transportation over public streets, roads, highways, and waterways by the shortest route possible.
• The worksite is ordinarily the site the employee reports to, or from which the employee’s work is assigned. A worksite can refer to a single location, a group of buildings, such as a campus or industrial park, or to separate facilities in geographic proximity to one another.
• An employee’s personal residence is not a worksite. For employees who work from home under “telework” or “flexi-place” arrangements, or other employees, such as salespersons who may leave to work from and return to their residence, the worksite is the office to which they report or from which they receive assignments.
• For employees with no fixed worksite, such as construction workers, transportation workers, and airline flight crew employees, the site to which they report, from which their work is assigned, or the location to which they are assigned as their home base, is their worksite.
Be Audit-Secure!
Lisa Smith, SPHR, SCP
Note: This blog post is for informational purposes only and should not be construed as legal advice. Always consult with a legal professional for advice specific to your situation.
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