Your Guide to Understanding FMLA While Working from Home with Kids

The rise of remote work has redefined the boundaries between professional life and home responsibilities, especially for working parents. For those juggling deadlines and diapers in the same space, understanding workplace rights becomes not just important, but essential. One of the most important protections for employees with family caregiving responsibilities is the Family and Medical Leave Act (FMLA).

But here’s the question many remote-working parents are now asking: Does FMLA still apply if I work from home?

The answer isn’t always simple, but this guide will break it down and help you understand what protections may still apply to you and your family, even from the comfort (and chaos) of your living room.

What Is FMLA?

The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period. This leave can be used for:

• The birth or adoption of a child
• Caring for a seriously ill family member
• Recovering from a personal serious health condition
• Certain circumstances related to a family member’s military service

During FMLA leave, your employer must maintain your group health benefits and guarantee your job (or a comparable one) when you return.

Remote Work and the FMLA: Where It Gets Complicated

In the traditional office setting, FMLA eligibility is based partly on the number of employees working at or near your worksite. But for remote workers, this brings up a key issue: What even counts as a worksite when you work from home?

That’s where the confusion begins—and where legal clarity matters.

Fortunately, the U.S. Department of Labor has addressed this in its guidance. When determining FMLA eligibility, your official worksite is not your home office. It’s typically the office to which you report or from which assignments are made, regardless of how often you physically go there.

To learn more about how this rule is applied in remote situations, it’s worth reviewing clear legal definitions such as are remote employees eligible for FMLA.

Eligibility Checklist for Remote Parents

Before assuming you’re covered, make sure you meet the following FMLA criteria:

1. You’ve worked for your employer for at least 12 months (not necessarily consecutively)
2. You’ve logged at least 1,250 hours of work in the past 12 months
3. Your employer has at least 50 employees within a 75-mile radius of your worksite, not your home

For remote workers, that 75-mile radius is measured from the company office you’re connected to, not your house. This technicality is critical for determining whether you’re eligible.

Using FMLA While Working from Home with Kids

Let’s say your child develops a serious health condition, or you’ve just welcomed a new baby into the world. If you qualify under the above rules, you can take FMLA leave even if your job is 100% remote.

You’re not expected to be “partially working.” FMLA leave is protected time off. That means no emails, no Slack messages, no urgent Zoom check-ins. Your focus during this time should be on caregiving and recovery, rather than multitasking between your child and your job.

What Parents Should Know About Employer Policies

While the FMLA provides federal protections, many companies go above and beyond to offer additional benefits. Some offer paid family leave, extended time off, or more flexible options for remote workers. However, others may unintentionally (or intentionally) deny leave based on misunderstandings about remote eligibility.

That’s why it’s so important to:

• Keep records of your work hours and correspondence
• Clearly identify your worksite in HR documentation
• Consult with HR or legal if there’s a dispute

Advocating for Your Rights

If you’re denied FMLA leave, or your employer claims you’re ineligible because you work from home, you don’t have to accept that answer without question. Many denials are based on incorrect assumptions about how remote work impacts eligibility.

Understanding your legal rights and seeking clarification from a trusted legal source can make a huge difference. Parents deserve time to care for their families, and remote status shouldn’t remove that right.

Final Thoughts

Working from home with kids isn’t easy. It requires balance, patience, and boundaries—and the ability to step away when your family needs you most. That’s exactly what FMLA was designed to protect.

Understanding the rules governing FMLA for remote employees enables you to make informed decisions about your time, health, and caregiving responsibilities. If you’re wondering whether your remote status affects your leave options, take time to explore resources available online to ensure you’re fully protected.

Your family matters, and so does your right to care for them.