How do I determine if a remote or out-of-state employee qualifies for FMLA leave under the worksite requirement?

For an employee to be eligible for the Family and Medical Leave Act (FMLA), an employee must meet the following key requirements:

• Employed at a worksite with 50 or more employees within a 75-mile radius; and
• Have worked for the employer for 12 months and 1,250 hours in the 12 months prior to the need for leave.

In most cases, the laws are applicable based upon where the employee is performing the work. For example, an Arizona employee who works from home is considered to be working from their Arizona home. However, FMLA eligibility revolves around the employee’s worksite and