Katherine Gavett, Esq.A recent Federal Court decision confirmed that the Family Medical Leave Act (FMLA) does not require employers to allow employees to work remotely.
In Kemp v. Regeneron Pharmaceuticals, Inc., the employee alleged her employer violated her rights under both FMLA and the New York State Human Rights Law by prohibiting her from working remotely more than one day per week to care for her child undergoing medical treatment.
The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. The Act also makes it illegal for employers to “interfere with, restrain, or deny the exercise of or the attempt to exercise” an employee’s right to take his or her protected leave.
In this case, Kemp sought to work remotely to care for her child. Regeneron had granted previous leaves of absence for Kemp over the course of two and half years, but ultimatelyinformed Kemp that she “needed to be more visible in the office and attend meetings in-person rather than by phone”. Kemp alleged her employer intended to discourage her from caring for her sick daughter by substantially limiting her ability to work remotely and punishing her for working remotely. The Court found in favor of Regeneron, concluding, “FMLA protects Kemp’s right to take… leave for specified reasons and for a specified number of weeks during a 12-month period. It does not entitle employees to work remotely or make it unlawful for an employer to punish an employee who works remotely. Remote work may be another form of accommodation, but it is not “leave” within the meaning of the statute.”
Please note that although the Court found FMLA does not require employers to offer remote work, such an option may still be a reasonable accommodation under the Americans with Disabilities Act. Consider consulting your attorney when navigating these laws.
