FMLA Eligibility Checker
The Family and Medical Leave Act protects 12 unpaid, job-protected weeks a year, but only if you clear three gates: 12 months employed, 1,250 hours, 50 employees within 12 miles. Check all three here.
The 12 months don't have to be consecutive. The 1,250 hours are actual worked hours (overtime counts; paid leave doesn't). Airline flight crews have a special hours rule.
The rules, cited
| Gate | Rule | Source |
|---|---|---|
| 12 months | Employed ≥12 months (need not be consecutive; breaks >2 years generally reset, military reinstatement excluded) | 29 CFR §825.110(a), §825.111 |
| 1,250 hours | ≥1,250 actual worked hours in the 12 months preceding leave start (FMLA §101(d)(1)) | 29 U.S.C. §2611(a)(1) |
| 50 employees | Employer has ≥50 employees within 12 miles of your worksite (counted over the payroll period) | 29 CFR §825.104, §825.110(a)(3) |
| Entitlement | 12 workweeks; 26 weeks to care for a covered service member; military exigency leave | 29 CFR §825.112, §825.122 |
Public agencies (state/local/federal) and public/private schools are covered employers regardless of size, and school employees with a contract for the year are eligible for intermittent scheduling provisions. The 12-month look-back for the 1,250 hours can be computed by one of four methods the employer chooses (§825.110(b)); the employer must give notice of eligibility within 5 business days of a leave request (§825.300).
Checked Nov 2026 against the CFR text; FMLA thresholds are statutory and unchanged since enactment. This is an eligibility screen, a coverage determination is made by your employer (and the DOL Wage & Hour Division can advise, 1-866-4US-LABOR).
Frequently asked
Do FMLA hours include overtime?
Yes, the 1,250 hours are real hours worked, overtime included. Paid vacation, sick days, and holiday pay do NOT count, and neither do unpaid leave weeks. 30 h/week × 48 weeks ≈ 1,440, comfortably eligible; 24 h/week ≈ 1,248, one hour short.
My company has 200 people but only 12 at my site. Am I covered?
The 50-employee gate counts everyone within 12 miles of YOUR worksite, not company-wide. A 200-person company with a 12-person office means those 12 are not covered. This is the most common FMLA surprise.
Is FMLA pay required?
No, FMLA is unpaid by federal law, job-protected, group-health-maintained. You may be required (or may elect) to use accrued paid leave concurrently; short-term disability and state paid-family-leave laws (CA, NY, WA, MA, NJ, CO, OR, MI, MN, VT, ME, AK) can stack on top.