Who's Eligible for FMLA? The 50/75 and 1,250-Hour Tests Explained
FMLA leave depends on both employer coverage and employee eligibility. Walk through the three eligibility tests before you approve or deny leave.
By Nora Ellison · Senior HR Compliance Writer
Reviewed by theComplianceToolsLibrary Editorial Team · · 5 min read
The Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to up to 12 weeks of unpaid, job-protected leave a year for specified family and medical reasons. The catch is that eligibility has several moving parts — and getting it wrong in either direction creates risk.
Before you grant or deny FMLA, confirm three things: that you're a covered employer, that the employee meets the tenure and hours tests, and that they work at a site with enough nearby employees.
Is the employer covered?
Private employers are covered if they employed 50 or more employees in 20 or more workweeks in the current or preceding calendar year. Public agencies and public and private elementary and secondary schools are covered regardless of size.
Is the employee eligible?
Even at a covered employer, an individual employee is eligible only if they meet all three of these:
- 12 months of employment with the employer (need not be consecutive).
- At least 1,250 hours of service during the 12 months immediately before the leave begins.
- Works at a location where the employer has at least 50 employees within 75 miles.
Counting the 1,250 hours
Only hours actually worked count toward the 1,250 — paid leave, holidays, and other non-working time generally don't. For employees with unclear records, the FLSA's hours-worked principles apply, and if you can't show otherwise, the employee is presumed to meet the requirement.
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Frequently asked questions
How many hours must an employee work to be FMLA-eligible?
At least 1,250 hours of actual work during the 12 months immediately before the leave starts — roughly 24 hours a week on average.
Does the 12 months of employment have to be continuous?
No. The 12 months need not be consecutive, though employment more than seven years earlier generally doesn't count unless a break was due to military service or a written agreement.
What is the 50/75 rule?
An employee is eligible only if the employer has at least 50 employees within 75 miles of the employee's worksite. Otherwise the employee is not eligible even at a covered employer.