What is the FMLA 50/75 rule?

Quick answer

The 50/75 rule is one of three FMLA eligibility requirements: an employee must work at a location where the employer has at least 50 employees within 75 miles, measured by actual transportation miles (not straight-line distance). This is separate from the "50-employee" rule, which determines whether a company is a covered employer under FMLA at all — a company can be covered while some individual employees are still ineligible under 50/75. The rule gets complicated for remote employees, since it predates modern remote work by decades.

Who this applies to / Prerequisites

• Employers covered by FMLA (generally 50+ employees) determining which employees are eligible for leave
• Especially relevant for companies with remote employees or multiple/ambiguous worksites
• Not legal advice — consult legal counsel for company-specific application

How the rule works

1. FMLA eligibility requires three things: 12 months of employment with a covered employer, at least 1,250 hours of service in the prior 12 months, and work at a location with at least 50 employees within 75 miles.
2. The 75 miles is measured by actual transportation miles — the shortest route by public streets, waterways, or air (if surface transportation isn't available) — not a straight-line radius.
3. For employees without a fixed worksite (truck drivers, traveling salespeople, remote employees), the DOL treats the worksite as the site the employee is assigned to as home base, the site work is assigned from, or the site they report to. An employee's personal residence is never their worksite.
4. If your company has an office of any kind, that office may count as the worksite for remote employees who report to it or receive assignments from it — meaning those employees could satisfy 50/75 even if they live states away.
5. Distinguish the two "50" rules: having 50+ employees total makes you a covered employer (subject to FMLA notice/posting requirements), but that alone doesn't make every employee eligible — each employee also needs to satisfy the 50/75 worksite requirement individually. Employees who are ineligible under 50/75 must still be informed of their ineligibility if the employer has 50+ employees total.

What if it doesn't work

• Employee has no fixed worksite: Use the site they're assigned to as home base, the site their work is assigned from, or the site they report to — never their home address.
• Fully distributed team with no brick-and-mortar office and managers spread across states: This is a genuine gray area not addressed by FMLA or its regulations. Consult legal counsel.
• Not sure if the "50 employees" or "50/75" rule applies to your question: 50 employees total = employer coverage question. 50 employees within 75 miles of a specific worksite = individual eligibility question. These can produce different answers for the same employer.
• If none of these apply, contact your Customer Success Manager.

Limits and exceptions

• This article is not legal advice.
• The 50/75 rule (employee eligibility) is distinct from the 50-employee rule (employer coverage) — satisfying one does not resolve the other.
• No court decision addresses every remote-work scenario; some configurations remain genuinely unresolved under current law.

Related questions

• What's the difference between the 50-employee rule and the 50/75 rule?
• How is the 75-mile distance measured for FMLA eligibility?
• What worksite applies to a remote employee under FMLA?
• Is my company's remote workforce eligible for FMLA under the 50/75 rule?