FMLA Eligibility Calculator
Quickly determine if an employee qualifies for FMLA (Family and Medical Leave Act) protection based on federal requirements.
Check FMLA Eligibility
FMLA applies to employers with 50+ employees within 75 miles
Minimum 1,250 hours required (~24 hours/week average)
FMLA Requirements Check
Understanding FMLA Eligibility
Employer Coverage
FMLA applies to all public agencies and private employers with 50 or more employees working within a 75-mile radius for at least 20 workweeks in the current or preceding calendar year.
12-Month Requirement
The employee must have worked for the employer for at least 12 months (not necessarily consecutive). Time spent on military leave counts toward this requirement.
1,250 Hours Requirement
Employees must have worked at least 1,250 hours during the 12 months immediately before the leave date. This averages to about 24 hours per week.
Worksite Requirement
The employee must work at a location where the employer has at least 50 employees within a 75-mile radius. Remote employees are assigned to their reporting office.
Qualifying FMLA Leave Reasons
- •Birth and care of a newborn child
- •Placement of a child for adoption or foster care
- •Care for spouse, child, or parent with serious health condition
- •Employee's own serious health condition
- •Qualifying exigency from military deployment
- •Care for servicemember with serious injury
Streamline FMLA Tracking
LeavePlan Pro automatically tracks FMLA eligibility and remaining leave balance for each employee, helping you stay compliant with federal regulations.
Frequently Asked Questions
How much leave does FMLA provide?
Eligible employees are entitled to up to 12 workweeks of unpaid leave during a 12-month period for most qualifying reasons. Military caregiver leave can be up to 26 weeks.
Is FMLA leave paid or unpaid?
FMLA provides unpaid leave with job protection. However, employers may require or employees may choose to substitute accrued paid leave (vacation, sick time) for unpaid FMLA leave.
Can FMLA leave be taken intermittently?
Yes, FMLA leave can be taken intermittently or on a reduced schedule when medically necessary. For birth/adoption, intermittent leave requires employer approval.
What if an employee is just short of the 1,250 hours requirement?
If an employee doesn't meet the hours requirement, they are not eligible for FMLA protection. However, some states have their own family leave laws with different requirements.