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HR Compliance Calculators
Updated 2026

FMLA Eligibility Calculator

The Family and Medical Leave Act sets three eligibility gates. Enter the three numbers and this checker shows which are met and which are not, under 29 U.S.C. §2611 and 29 CFR §825.110.

Use this calculator when

  • An employee is requesting or considering FMLA leave
  • You need to confirm the three eligibility gates before the leave reason
  • The employer is a private employer or public agency covered by the FMLA
  • Federal FMLA — state family-leave laws may be more generous
Wrong fit?FMLA eligibility is independent of exempt status — but classification drives many other HR obligations.Exempt vs. Non-Exempt Guide

Eligibility check

All three conditions must be met, measured as of the date leave would begin.

Need not be consecutive
≈ 24 hrs/week over a year
At this worksite, not company-wide

FMLA eligibility

Eligible

3 of 3 conditions met

  • 12 months of employment: met18 months meets the 12-month requirement (the months need not be consecutive).
  • 1,250 hours worked in the prior 12 months: met1,600 hours meets the 1,250-hour threshold.
  • 50 employees within 75 miles: met60 employees within 75 miles meets the threshold.

Eligible: all three FMLA gates are met — 18 months employed, 1,600 hours worked in the prior 12 months, and 60 employees within 75 miles.

Meeting these three tests makes the employee eligible for up to 12 workweeks of job-protected, unpaid leave in a 12-month period for a qualifying reason (26 weeks for military caregiver leave). Eligibility is separate from whether the specific reason for leave qualifies.

This checks the three federal eligibility gates only. It does not assess whether the reason for leave qualifies, whether the employer is a covered employer under §825.104, special rules for airline flight crews (§825.801), or any more generous state family-leave law, several of which cover smaller employers.

The three gates

1

12 months of employment

The employee must have been employed by the employer for at least 12 months. These months need not be consecutive, though employment before a break of seven years or more generally does not count.

2

1,250 hours worked in the prior 12 months

At least 1,250 hours actually worked in the 12 months immediately before the leave. Only FLSA hours worked count — paid time off, vacation, and sick leave are excluded. That is roughly 24 hours per week across the year.

3

50 employees within 75 miles

The employer must have at least 50 employees within 75 miles of the employee’s worksite. This is a worksite test, not a company-wide one: a large employer can still have a non-covered location.

Worked example

A part-time employee at a regional branch has worked there for two years.

  1. Months employed: 24 → meets the 12-month gate
  2. Hours worked in the prior 12 months: 1,100 → fails the 1,250-hour gate (150 short)
  3. Employees within 75 miles: 80 → meets the 50-employee gate
  4. Result: Not eligible — two of three gates met is not enough

The hours gate is the one part-time and seasonal employees miss most often. Note the hours are those actually worked — if this employee had 1,100 worked hours plus 200 hours of paid vacation, the vacation does not close the gap.

Frequently asked questions

What are the FMLA eligibility requirements?

An employee is eligible for FMLA leave only if all three of these are true as of the date leave begins: they have worked for the employer for at least 12 months; they worked at least 1,250 hours in the 12 months immediately before the leave; and they work at a location where the employer has at least 50 employees within a 75-mile radius. All three must be met — failing any one makes the employee ineligible.

Do the 1,250 hours include paid time off?

No. The 1,250 hours are hours actually worked as determined under the FLSA. Vacation, holidays, sick leave, and other paid-but-not-worked time do not count. This trips up many employees who assume their scheduled or paid hours qualify. Roughly, 1,250 hours works out to about 24 hours a week across a full year.

What if my employer doesn’t track my hours?

If the employer has no accurate record of hours worked — common for exempt salaried employees — the law presumes the employee met the 1,250-hour requirement, and the burden is on the employer to prove otherwise (29 CFR §825.110(c)). So a lack of records generally works in the employee’s favor on this element.

Do the 12 months have to be consecutive?

No. The 12 months of employment need not be consecutive, so earlier periods of work for the same employer generally count toward the total. There is an important limit: employment before a continuous break in service of seven years or more usually does not count, unless the break was due to military service or a written agreement (such as under a collective bargaining agreement) reflecting an intent to rehire.

The company is huge but my site is small — am I covered?

Possibly not. The 50-employee test is measured within 75 miles of your specific worksite, not company-wide. A large national employer can have a worksite that is not covered if fewer than 50 of its employees work within 75 miles of it. Remote employees are generally counted at the worksite to which they report or from which their assignments are made.

Does being eligible mean my leave is automatically approved?

No. Eligibility is only the first step. The reason for leave must also be a qualifying one — such as a serious health condition, the birth or placement of a child, or certain military-family situations. This checker addresses eligibility, not whether a particular reason qualifies. Many states also have their own family-leave laws that cover smaller employers or provide more leave.

Related reading

Sources