LeaveCalc / FMLA / Eligibility calculator

FMLA eligibility calculator

Four questions, thirty seconds — the fastest way to answer "do I qualify for FMLA?" Based on the actual federal rules (29 CFR § 825.110) — with the rule behind every answer, so you know why, not just yes/no.

✓ Free & anonymous ✓ Nothing uploaded ✓ Rules cited from the DOL

1 Answer 4 questions

1 · Who is the employer?

Private companies are covered at 50+ employees. Public agencies and schools are covered at any size.

Private, 50+ employees
Private, under 50
Government / school

2 · Worked for this employer at least 12 months total?

Doesn't have to be consecutive — separate stints usually count if the break is under 7 years.

Yes, 12+ months
No, less than 12

3 · Worked at least 1,250 hours in the last 12 months?

That's about 24 hours/week on average. Paid time off does NOT count toward the 1,250 — only hours actually worked.

Yes, 1,250+
No, fewer
Not sure

4 · Are there 50+ employees within 75 miles of your worksite?

Counts all of the employer's employees within 75 road-miles. Remote workers count at the office they report to.

Yes
No
Not sure

Airline flight crews have special hour rules (Fact Sheet 28J). Public agencies & schools: employer is covered at any size, but questions 2–4 still apply to the employee.

Not legal advice. This is the standard federal test. Some states run broader programs (WA, CA, NY, NJ, CO, MN…) that cover people FMLA doesn't — check our state calculators. Airline crews and some federal employees have special rules.

The four FMLA eligibility tests, in plain English

1. Covered employer. Private employers are covered once they have 50+ employees for 20+ workweeks in the current or prior year. Public agencies and public/private elementary and secondary schools are covered regardless of size.

2. Twelve months of service. Total, not consecutive. A 6-year-old stint usually still counts; a gap over 7 years generally doesn't (with military-service exceptions).

3. 1,250 hours actually worked in the 12 months right before the leave starts. Vacation, sick time and holidays don't count — this is the test part-timers most often fail.

4. 50 employees within 75 miles. Even at a giant company, a lone remote worker assigned to a tiny branch can fail this test — though remote employees usually count at the office that assigns their work.

FAQ

I pass all four — how much leave do I get?

Up to 12 workweeks of job-protected, unpaid leave in a 12-month period (26 weeks for military caregiver leave). Use our rolling 12-month calculator to see the exact balance.

Does FMLA pay me?

Federal FMLA is unpaid job protection. Paid benefits come from state programs (WA PFML, CA SDI/PFL, NY PFL…) or employer policies — you can often stack them with FMLA running concurrently.

I'm part-time — am I out?

Not automatically. 1,250 hours ÷ 52 weeks ≈ 24 hours/week. Steady 25-hour weeks qualify; 20-hour weeks don't.

My company has 60 employees but spread across the country?

Then the 75-mile test matters: if fewer than 50 are within 75 miles of your worksite, you're not eligible even though the employer is covered.

FMLA eligibility — FAQ

What are the basic FMLA eligibility requirements?

There are three big-picture requirements: a covered employer, enough time and hours on the job (12 months and 1,250 hours), and a worksite with 50+ employees within 75 miles. Fail any one and federal FMLA doesn't apply, though a state program still might.

Does PTO or sick time count toward the 1,250 hours?

No — the 1,250-hour test only counts hours actually worked. Vacation, sick leave and holiday pay are excluded, which is why many salaried employees clear it easily but frequent part-timers can fall short.

Do all 50 employees have to work in my building?

No — the rule counts everyone employed within 75 road-miles of your worksite, not just people in your office. A small branch can still be covered if the employer has enough staff nearby.

Does my 12 months of service have to be continuous?

No, total service counts even with breaks — a stint from years ago still applies. The main exception is a gap of more than seven years, which generally resets the clock, with exceptions for military service.

My employer has fewer than 50 employees — am I out of luck?

For federal FMLA, yes, that employer isn't covered. But some states run their own leave programs with much lower thresholds — California's paid leave programs, for example, can apply to employers with as few as 5 employees.

I only work part-time — could I still hit 1,250 hours?

Yes, if your average works out high enough. Divide 1,250 by 52 weeks and you land around 24 hours a week, so a steady 25-hour schedule usually clears the bar, while routine 20-hour weeks typically won't.