Government & Deadlines
FMLA Eligibility Calculator
Screen the four basic federal employee-eligibility requirements for FMLA leave.
Federal FMLA eligibility is not one test. It is four separate gates, and an employee has to clear all of them before a single day of leave is protected. Many people who assume they qualify trip over a gate they did not know existed, like the hours requirement or the worksite headcount.
This screen checks each of the four basic federal requirements on its own, so you can see not just whether you pass but exactly which gate is in question.
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Gate 1: a covered employer
FMLA only reaches certain employers. Public agencies and public and private elementary and secondary schools are generally covered no matter how small they are. A private business is generally covered if it employed 50 or more people for at least 20 workweeks in the current or prior calendar year. This is a different question from the worksite test below, and an employee can work for a covered employer yet still fail the location gate.
Gate 2: twelve months of employment
You generally need to have been employed by this employer for at least 12 months. Those months do not have to be consecutive, which helps seasonal and rehired workers. But employment from more than seven years ago is generally dropped, except where the break was for military service or a written agreement preserved it. Picture someone who left for two years and came back: their earlier stint may still count toward the 12 months. Enter the months that actually count under those rules.
Gate 3: 1,250 hours actually worked
This gate looks back over the 12 months immediately before the leave would start and asks whether you actually worked at least 1,250 hours. The word "worked" is doing heavy lifting. Paid vacation, sick days, holidays, and other paid or unpaid time off generally do not count, even though you were paid. That is why a salaried employee who assumes 40 hours a week clears the bar can fall short after a stretch of leave. Airline flight crews use special hours rules, so this tool does not attempt to evaluate them.
Gate 4: fifty employees within seventy-five miles
The last gate counts employees at or near your worksite, not the company's total headcount. There must be at least 50 employees within 75 miles of where you work. A large national employer can still leave a small, isolated office below the threshold. Remote workers and jointly employed staff make this genuinely tricky, because the relevant worksite is usually the office they report to or receive assignments from, not their home.
Passing the screen is not the end
Clearing all four gates means you are an eligible employee, not that a specific absence is protected. To actually use leave you still need:
- A qualifying reason, such as your own serious health condition, a family member's, the birth or placement of a child, or certain military-family situations
- Appropriate notice to the employer when the need is foreseeable
- Medical or other certification when the employer properly requests it
Federal FMLA generally provides unpaid, job-protected leave with continued group health coverage. State laws, union contracts, and employer policies are often more generous.
How to use this calculator
Answer the four gate questions honestly, using the hours you actually worked rather than hours paid. The screen runs entirely in your browser; nothing about your employer or your hours is uploaded or stored. Treat a "meets all four" result as a green light to continue the analysis, not a final ruling. Confirm anything uncertain with the U.S. Department of Labor's FMLA guidance or your Wage and Hour Division office. Rules and interpretations change and situations vary; this is a screening aid, not legal advice.
Frequently asked questions
Do my 1,250 paid hours count, or only hours worked?
Only hours actually worked count toward the 1,250. Paid leave you took does not, which is the single most common reason people who feel like they "worked all year" still come up short.
I changed employers this year. Do my hours reset?
Generally yes for FMLA's federal test, because the 12-month and 1,250-hour requirements attach to your current employer. Time at a previous, unrelated employer does not carry over. Joint-employment and successor situations are exceptions worth checking.
What if my employer is too small for FMLA?
You may still have rights under a state or local leave law, a disability-accommodation statute, a paid-leave program, or your employer's own policy. FMLA failing is not the end of the inquiry.
Does part-time work disqualify me?
Not by itself. Part-time employees can qualify as long as they meet the 1,250-hour and 12-month thresholds and the worksite test. Many simply fall short of 1,250 hours because of reduced schedules.
Important
This tool provides estimates and general-purpose documents, not financial, tax, legal, or professional advice. Verify important results before relying on them.
Support
Problem with this tool or suggestions for improvement? Please email support@niftyutilities.com.