I currently work for a large company (>50 employees) that is denying my eligibility for FMLA because I reside in a state that has only 15 employees in that state. The company I work for does not have a physical office (I actually work from home) and claims the client site to be the office location. The client site actually has many locations across the US which would more than qualify me for FMLA.
Is my understanding of the following exclusion correct?
ii) any employee of an employer who is employed at a worksite at which such employer employs less than 50 employees if the total number of employees employed by that employer within 75 miles of that worksite is less than 50.
My assumption for this exclusion is to protect a small business that could be negatively impacted by one or more employees taking FMLA due to the difficulty of finding a temporary replacement within 75 miles of the office.
If the assumption above is correct, what if the position is able to be filled nation wide since it is a work from home position?