Section 29 CFR 825.105(b) of the FMLA regulations 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.” Therefore, if a U.S. based company has employees employed outside of the U.S., those employees would generally not be covered by the FMLA.

If a U.S. based employee works remotely from outside of the U.S. and reports to the U.S. and gets assignments from the U.S., they may arguably be covered by the FMLA. Section 29 CFR 825.111(a)(2) of the FMLA regulations states, “An employee’s personal residence is not a worksite in the case of employees, such as salespersons, who travel a sales territory and who generally leave to work and return from work to their personal residence, or employees who work at home, as under the concept of flexiplace or telecommuting. Rather, their worksite is the office to which they report and from which assignments are made.” These determinations are fact specific. Employers should engage legal counsel for advice on a specific situation.