Should we waive or enforce the FMLA 50/75 rule?

Quick answer

Most employers choose to waive the 50/75 rule rather than enforce it. Common reasons include: remote workers may already satisfy it if tied to a physical office; enforcement requires ongoing manual worksite/eligibility tracking and turns off Tilt's automatic FMLA determinations; HR/managers can be personally liable for incorrect eligibility calls; California's CFRA has no 50/75 equivalent, creating potential leave-stacking issues; and the rule's original rationale doesn't translate well to distributed teams. This isn't legal advice — the decision involves both legal and business tradeoffs specific to your organization.

Who this applies to / Prerequisites

• Employers who understand the 50/75 rule and are deciding whether to apply it
• Relevant regardless of whether your workforce is remote, hybrid, or worksite-based
• Not legal advice — consult legal counsel before deciding

Reasons employers typically waive the rule

1. Remote workers may already qualify: If your company has an office of any sort, remote employees reporting to or receiving assignments from it may already satisfy 50/75 — waiving avoids proving this individually for each employee.
2. Enforcement is operationally heavy: Enforcing requires HR to regularly supply accurate reports on which employees meet the requirement, including tracking worksite and employee-population changes over time. Tilt turns off automatic FMLA eligibility determinations if you enforce, meaning every decision is processed manually, causing delays.
3. Personal liability risk: Courts have ruled that managers and HR personnel can be personally sued for FMLA violations. There are no known cases where being generous in interpreting eligibility resulted in a lawsuit.
4. State law mismatch (California): CFRA has no 50/75 requirement. California employees with one year of tenure and 1,250 hours are CFRA-eligible even if FMLA-ineligible under 50/75. Some employers waive 50/75 to run FMLA concurrently with CFRA, rather than risk an employee taking 12 weeks of CFRA followed by a separate 12 weeks of FMLA later if worksite changes affect their status.
5. The rationale doesn't fit remote work: The 75-mile radius was designed to protect small, geographically concentrated teams from being overwhelmed by a coworker's leave. Remote workforces can typically spread coverage across a broader team, reducing that original concern.
6. Consistency and morale: Employees with similar tenure and circumstances can end up with different FMLA access depending on worksite alone — waiving avoids uneven outcomes for comparable employees across the organization.

What if it doesn't work

• Still unsure whether to enforce: Reach out to your Customer Success Manager, and consult your legal counsel — this decision involves both legal and business tradeoffs specific to your organization.
• Decided to enforce the rule: Tilt requires a specific Standard Operating Procedure be followed. See "How do we enforce the FMLA 50/75 rule for our organization?" for the full process.
• Concerned about leave-stacking with CFRA: This is a common reason employers waive 50/75 — discuss with legal counsel whether concurrent FMLA/CFRA administration fits your risk tolerance.
• If none of these apply, contact your Customer Success Manager.

Limits and exceptions

• This article is not legal advice.
• Choosing to enforce turns off Tilt's automatic FMLA eligibility determinations — every decision is then processed manually.
• This article presents common reasons employers waive the rule; it is not a recommendation for your specific organization.

Related questions

• What is the FMLA 50/75 rule?
• Why do most employers waive the FMLA 50/75 rule?
• Does CFRA have the same 50/75 requirement as FMLA?
• What happens if we choose to enforce the 50/75 rule?
• How do we enforce the FMLA 50/75 rule for our organization?