The U.S. District Court for the Eastern District of Louisiana recently held that the FMLA’s 50-employee threshold was met since the office to which a remote or telecommuting employee reported had at least 50 employees, even though the employee worked from home several states away. Donahoe-Bohne

An employee who works remotely (75 miles or more from the employer’s office) is covered under the FMLA if the office to which the employee reports and from which assignments are made has 50 or more employees working within 75 miles of its location. For employees with no fixed worksite, the “worksite” for purposes of determining whether 50 employees are employed within 75 miles, is the site to which they are assigned as their “home base,” from which their work is assigned, or to which they report.