FMLA Eligibility Calculator
The FMLA Eligibility Calculator helps US employees determine whether they qualify for up to 12 weeks of unpaid, job-protected leave under the Family and Medical Leave Act. FMLA eligibility depends on three key factors: your employer must have at least 50 employees within 75 miles, you must have worked for your employer for at least 12 months, and you must have worked at least 1,250 hours during the 12 months before your leave starts. This calculator evaluates all three criteria and provides a clear determination of your eligibility status, along with guidance on next steps whether you qualify or not.
compliance
Category
beginner
Difficulty
3 minutes
Time needed
2025-01-15
Last reviewed
Why use this calculator
Instant eligibility determination based on FMLA criteria
Determine if you qualify for unpaid, job-protected leave under the Family and Medical Leave Act (FMLA).
Clear explanation of each requirement
Determine if you qualify for unpaid, job-protected leave under the Family and Medical Leave Act (FMLA).
Guidance on alternative leave options if ineligible
Determine if you qualify for unpaid, job-protected leave under the Family and Medical Leave Act (FMLA).
Links to state-specific paid family leave programs
Determine if you qualify for unpaid, job-protected leave under the Family and Medical Leave Act (FMLA).
Based on current DOL guidelines
Determine if you qualify for unpaid, job-protected leave under the Family and Medical Leave Act (FMLA).
Inputs and outputs
Inputs
How many employees does your employer have?: radio - Count all employees at locations within 75 miles
How long have you worked for this employer?: number - Total months of employment (need not be consecutive)
Hours worked in the last 12 months: number - Total hours worked in the 12 months before your leave would begin
Reason for leave: select - Select the primary reason you need leave
State of employment: select - Some states have additional paid family leave programs
Outputs
FMLA Eligibility Status: text - Whether you meet the criteria for FMLA leave
Employer Size Requirement: text - Whether your employer meets the 50-employee threshold
12-Month Employment Requirement: text - Whether you have worked for your employer long enough
1,250 Hours Requirement: text - Whether you have worked enough hours to qualify
Maximum Leave Available: text - The amount of FMLA leave you can take if eligible
State Paid Leave Program: text - Whether your state offers additional paid family leave
Methodology
Calculation method
Evaluates the three FMLA eligibility criteria: (1) Employer has 50+ employees within 75 miles, (2) Employee has worked for employer for 12+ months, (3) Employee has worked 1,250+ hours in the past 12 months.
Formula: Eligible = (EmployerSize ≥ 50) AND (MonthsEmployed ≥ 12) AND (HoursWorked ≥ 1,250)
How it works
Enter your employer size (50+ employees required)
Specify how long you have been employed (12+ months required)
Enter hours worked in the last 12 months (1,250+ required)
Select your reason for needing leave
Choose your state to check for additional programs
Click Calculate to see your eligibility status
Compliance note
This calculator provides general guidance based on FMLA eligibility criteria. Your specific situation may vary. This is not legal advice. For official determinations, consult your HR department or the Department of Labor.
Legal basis: Family and Medical Leave Act of 1993 (FMLA), 29 U.S.C. § 2601 et seq.
Example scenarios
Eligible Full-time Employee
Employee at large company for 2 years
Why it matters: This employee meets all three FMLA requirements and can take up to 12 weeks of unpaid leave.
Ineligible - Hours Not Met
Part-time employee who has not worked enough hours
Why it matters: While the employer size and tenure requirements are met, this employee has not worked the required 1,250 hours.
California Employee with State Benefits
Employee in California with access to CFRA and PFL
Why it matters: This California employee is eligible for FMLA and can also receive partial wage replacement through California PFL.
Frequently asked questions
What is FMLA?
The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons.
Is FMLA leave paid?
No, FMLA leave is unpaid at the federal level. However, some states have paid family leave programs, and employers may require you to use accrued PTO concurrently with FMLA leave.
Can I be fired while on FMLA leave?
FMLA provides job protection, meaning your employer must restore you to the same or an equivalent position when you return. However, you can still be terminated for reasons unrelated to taking FMLA leave.
What qualifies as a serious health condition under FMLA?
A serious health condition includes inpatient care, incapacity for more than 3 consecutive days with continuing treatment, pregnancy, chronic conditions requiring periodic treatment, permanent or long-term conditions, and conditions requiring multiple treatments.
Can I take FMLA leave intermittently?
Yes, FMLA leave can be taken intermittently or on a reduced schedule when medically necessary for your own or a family member's serious health condition. For bonding with a new child, intermittent leave requires employer approval.
What if my employer has fewer than 50 employees?
Small employers are not covered by FMLA. However, you may still have leave rights under state laws, local ordinances, or your employer's policies. Many states have their own family leave laws with lower thresholds.
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