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Do I Qualify for Medical Leave in Florida if I Work from Home?Client-Focused & Passionate Representation

Do I Qualify for Medical Leave in Florida if I Work from Home?


It can be difficult or impossible to dedicate yourself at work when going through personal issues, which is why lawmakers have enacted laws to protect those that need to take time off. The Family Medical Leave Act (FMLA) allows qualifying employees to take leave for a designated time, as long as the reason for doing so meets certain criteria. However, not all Florida employers are required to comply with the FMLA. The details vary depending on the number of employees and where they work.

As a result, you might have concerns about whether FMLA covers you when you are a remote employee. More businesses have moved to allowing workers to do their jobs from home, and you wonder about your rights when not under your employer’s roof. The good news is that FMLA is flexible in the area of work-from-home employees, so you are probably allowed to take qualifying leave. A Palm Beach Gardens FMLA attorney can confirm after reviewing your circumstances, but some background on the subject is useful.
Basic FMLA Eligibility: For any worker to qualify for leave under FMLA, they must meet the following criteria:

  • The employee worked for the employer for at least 12 months.
  • During the 12-month period prior to starting FMLA leave, the person worked at least 1,250 hours.
  • The employee works for a company that has at least 50 employees within a 75-mile radius of the employee’s worksite.

With remote workers, the key question is what location is considered the worksite: How is the 75 miles calculated when the employee works from home?

 Remote Workers: Agencies are allowed to enact rules under FMLA, which clarify details and establish requirements that are too specific to include in the statute. As more employees became remote workers, officials passed a regulation about applicability. It states that the worker’s personal residence is not considered a worksite for those who are based from their homes for everyday tasks.

Instead, the worksite that applies for FMLA purposes is the office to which they regularly report and receive assignments. The rule specifically refers to salespeople who leave and return to do work without ever going into an office, as well as computer employees who connect to the office via the internet.

 Qualifying Reasons for FMLA Leave: Even if you are eligible to take leave based upon employment history and location, you must still state a proper reason. You can take up to 12 weeks in a 12-month period for:

  • A serious health condition that restricts the employee in performing their job;
  • The birth or adoption of a child;
  • Time to provide care for a family member with a serious illness; and,
  • Helping a member of the military with covered active duty.

Contact a South Florida FMLA Lawyer for Additional Details

Some clarity on how FMLA applies to remote workers is useful, so you should feel confident that leave will be allowed. To learn more, please contact Sconzo Law Office to set up a free case review. Individuals in Palm Beach County can call 561-279-6114 or go online to reach a skilled employment law attorney.



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