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FMLA Eligibility Calculator

Quickly check whether an employer is covered and an employee is eligible for FMLA leave.

Reviewed by theComplianceToolsLibrary Editorial Team · Last updated

⚠ Disclaimer: This tool is for informational purposes only and does not constitute legal advice. Consult a qualified attorney or HR professional for guidance specific to your situation.
Employer Information

FMLA applies to private-sector employers with 50 or more employees within a 75-mile radius, as well as all public agencies and schools regardless of size.

If known, this is the number used for coverage. Otherwise, use the worksite count above.

Employee Information

An employee must have worked for the employer for at least 12 months and have at least 1,250 hours of service in the 12 months before leave begins.

The 12 months do not need to be consecutive.

Approximately 24 hours/week for 52 weeks = 1,250 hours.

Key facts

Covered employer
Private employers with 50+ employees in 20+ workweeks; all public agencies and schools
Employee eligibility
12 months employed + 1,250 hours in the prior 12 months + 50 employees within 75 miles
Leave entitlement
Up to 12 weeks of unpaid, job-protected leave in a 12-month period
Military caregiver leave
Up to 26 weeks in a single 12-month period
Administered by
U.S. DOL Wage and Hour Division

What is the FMLA and who is eligible?

The Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for specified family and medical reasons, with continuation of group health benefits. It is administered by the U.S. Department of Labor's Wage and Hour Division.

FMLA coverage has two halves. First, the employer must be covered: private employers with 50 or more employees in 20 or more workweeks, plus all public agencies and public and private schools. Second, the employee must be eligible: employed for 12 months, having worked at least 1,250 hours in the prior 12 months, at a worksite with 50 or more employees within 75 miles.

Qualifying reasons include the birth or placement of a child, a serious health condition of the employee or a close family member, qualifying exigencies related to military service, and up to 26 weeks of military caregiver leave. The 12 months of employment generally need not be consecutive.

How to use this tool

  1. 1

    Confirm employer coverage

    Check whether the employer has 50+ employees within 75 miles, or is a public agency or school.

  2. 2

    Confirm length of service

    Verify the employee has been employed for 12 months (not necessarily consecutive).

  3. 3

    Confirm hours worked

    Verify the employee worked at least 1,250 hours in the 12 months before the leave.

  4. 4

    Confirm the worksite size

    Confirm the worksite has 50 or more employees within a 75-mile radius.

  5. 5

    Review the result

    If all tests are met, the employee is eligible for up to 12 weeks (26 for military caregiver) of protected leave.

Common mistakes to avoid

  • Counting employees company-wide instead of within 75 miles of the worksite for the eligibility test.
  • Counting only consecutive months of service — the 12 months need not be consecutive.
  • Assuming salaried employees automatically meet the 1,250-hour test.
  • Overlooking state leave laws that are more generous than the FMLA.
  • Failing to provide the required eligibility and rights-and-responsibilities notices.

What to do next

  • Provide the required FMLA notices within the mandated timeframes.
  • Track intermittent leave accurately.
  • Coordinate FMLA with ADA accommodations and any paid-leave programs.
  • Check state family-leave laws, which may cover smaller employers or provide paid leave.

Sources

Frequently asked questions

What makes an employer covered by the FMLA?

Private employers with 50 or more employees in 20+ workweeks in the current or prior year, and all public agencies and public or private schools regardless of size.

What are the FMLA eligibility requirements for employees?

Twelve months of employment, 1,250 hours worked in the prior 12 months, and a worksite with 50 or more employees within 75 miles.

How much FMLA leave can an eligible employee take?

Up to 12 weeks of unpaid, job-protected leave in a 12-month period — and up to 26 weeks for military caregiver leave.

Do the 12 months of employment have to be consecutive?

No. The 12 months of service generally do not need to be consecutive, with limited exceptions for long breaks in service.

Is FMLA leave paid?

The FMLA provides unpaid leave, though employees may substitute accrued paid leave and some states offer paid family leave.

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