Employees working outside the United States are generally not eligible for FMLA protections, regardless of their citizenship. 

Legal Basis: 

According to the U.S. Department of Labor (DOL), FMLA applies only to employees who are “employed within any State of the United States, the District of Columbia, or any Territory or possession of the United States.” This is outlined in 29 CFR § 825.105(b), which states: 

“The FMLA applies only to employees who are employed within any State of the United States, the District of Columbia, or any Territory or possession of the United States. Employees who are employed outside these areas are not covered by the FMLA and, accordingly, not counted for purposes of determining employer coverage or employee eligibility.” 
—DOL Employment Law Guide 

Jeff Nowak’s FMLA Insights blog reinforces this interpretation. He explains that: 

• If an employee is assigned to work abroad (e.g., in Scotland), the FMLA does not apply, even if the employee is a U.S. citizen or resident. ​​​​​​
• However, if a U.S.-based employee travels abroad temporarily (e.g., to care for a family member), the FMLA may still apply. 

Case Law: 

While there is limited litigation on this topic, courts have generally upheld the DOL’s interpretation. In one case cited by Nowak, an employee stationed in South Korea was found ineligible for FMLA leave because the law applies based on physical work location, not citizenship or residency. 

Provided By:  

Bryon Bass, CEO at DMEC 
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