Back to Federal guidance

FMLA coverage of employees working overseas

Summary WHD considered employees stationed full time in Russia under one- or two-year contracts. It said the Department administered FMLA for employees working in the United States, the District of Columbia, and U.S. territories or possessions, but not for those employees while they worked in a foreign country.
Document
Federal opinion letter
Agency
U.S. Department of Labor, Wage and Hour Division (WHD)
Document number
FMLA-9
Date issued
October 18, 1993
Status
Active
Status last verified October 12, 2026
Topics

Apply this to your situation

This page explains the general guidance. Ask about your specific situation and see what current federal labor law says, with citations.

About this page: The full text below is the official document from U.S. Department of Labor, Wage and Hour Division (WHD). Ezel adds the plain-English summary and tracks the document's status. The official source linked on this page is authoritative for any reliance.

U.S. Department of Labor
Employment Standards Administration
Wage and Hour Division
Washington, D.C. 20210

October 18, 1993
FMLA-9

Dear Name*,

This is in response to your inquiry under the Family and Medical Leave Act of 1993 (FMLA) regarding the applicability of the FMLA to employees working in Russia.

The Department of Labor administers the FMLA only with respect to employees employed in the United States, including the District of Columbia and any territory or possession of the United States. Therefore, employees stationed full time overseas in a foreign country on one and two year employment contracts would not be eligible for the benefits of the FMLA while working overseas.

I hope this is responsive to your inquiry. If you have further questions, please do not hesitate to contact us again.

Sincerely,

J. Dean Speer Director, Division of Policy and Analysis

  • Note: The actual name(s) was removed to preserve privacy in accordance with 5 U.S.C. 552 (b)(7).

What does federal law require in your situation?

Ezel checks current federal labor law against your facts and answers with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace