Leave & Time Off
FMLA & Protected Leave Tools
Free tools for checking FMLA employer coverage and employee eligibility for protected leave.
Reviewed by theComplianceToolsLibrary Editorial Team · Last updated
Protected-leave compliance is dominated by the federal FMLA, which gives eligible employees up to 12 weeks of unpaid, job-protected leave (26 weeks for military caregivers) for qualifying family and medical reasons. Coverage has two gates — the employer must be covered and the employee must be eligible.
The eligibility math — 12 months of service, 1,250 hours worked, and 50 employees within 75 miles — trips up many HR teams. A growing number of states add their own paid family-and-medical-leave programs that cover smaller employers, so the federal FMLA is increasingly the floor, not the ceiling.
Key concepts
- Covered employer vs. eligible employee
- Both the employer and the employee must qualify for the FMLA to apply.
- 1,250-hour test
- Hours actually worked in the 12 months before leave — paid time off does not count toward the total.
- 50/75 rule
- The worksite must have 50 or more employees within a 75-mile radius.
- Intermittent leave
- FMLA leave can be taken in separate blocks or on a reduced schedule for many conditions.
Frequently asked questions
How much leave does the FMLA provide?
Up to 12 weeks of unpaid, job-protected leave per 12-month period, and up to 26 weeks for military caregiver leave.
What are the FMLA eligibility rules?
12 months of employment, 1,250 hours worked in the prior year, and a worksite with 50 or more employees within 75 miles.
Do states offer more than the FMLA?
Yes. Many states have paid family-leave programs that cover smaller employers and provide wage replacement.