Does FMLA Apply to Fully Remote Companies? The 75-Mile Rule for WFH
A practical guide to documenting FMLA eligibility for remote employees and keeping the worksite analysis readable.
For U.S. employers and small-business HR teams.
FMLA for remote employees and the 75-mile rule
Remote work does not remove the need to analyze FMLA eligibility. HR still needs to document the employee, employer coverage, worksite analysis, hours worked, and leave reason.
What to capture in the record
Remote employee work location
Office or reporting location used for FMLA analysis
Headcount context
Hours-of-service information
Leave request date
Eligibility notice and designation notice dates
Sources and review notes
This article is written for U.S. small-business HR teams in 2026 and should be checked against your own policy, state requirements, and counsel guidance before use in a contested employment decision. AI SoloHR provides workflow structure, reviewed drafting support, and educational resources; it does not provide legal advice or make final employment decisions.
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