FMLA Eligibility Calculator
Check the federal FMLA eligibility rules against your employer type, length of service, hours actually worked and worksite headcount. The result explains which test passes, which test fails and what still needs to be confirmed.
Check your federal FMLA eligibility
Use your situation immediately before the leave is due to start.
This calculator checks threshold eligibility only. It does not decide whether your reason for leave qualifies.
Quick answer: Most employees need four things for federal FMLA eligibility: a covered employer, at least 12 months of service, at least 1,250 hours of service in the 12 months before leave starts, and a worksite where the employer has at least 50 employees within 75 miles. Meeting the eligibility thresholds does not by itself prove that the requested leave reason qualifies for FMLA protection.
HR & Employment Law Content Lead · Last reviewed August 26, 2026
Federal eligibility framework
What the FMLA eligibility calculator checks
FMLA eligibility is not a single “12 months employed” rule. A private employer must first be covered by the Act, and the employee must then satisfy the service, hours and worksite tests. Public agencies and elementary or secondary schools are covered employers regardless of their total size, but their employees still have to satisfy the individual eligibility requirements.
Covered employer
Private-sector employers are generally covered when they had 50+ employees in 20+ workweeks in the current or previous calendar year. Public agencies and elementary/secondary schools are covered regardless of employer size.
12 months of service
The employee generally needs at least 12 months with the employer. Those months do not usually have to be consecutive.
1,250 hours of service
At least 1,250 hours of service are generally required during the 12 months immediately before FMLA leave begins.
50 employees within 75 miles
The employee must work at a location where the employer has at least 50 employees within 75 miles.
Hours-of-service test
What counts toward the 1,250 FMLA hours?
For most employees, the 1,250-hour requirement is based on hours of service under FLSA principles. The practical point is simple: use time actually worked, not merely time for which you were paid. PTO, vacation, sick leave and other leave periods generally do not add to the 1,250-hour total.
| Time category | Usually counts toward 1,250? | Why it matters |
|---|---|---|
| Regular hours actually worked | Yes | These are hours of service. |
| Overtime actually worked | Yes | Actual work can count even when it is above the normal schedule. |
| Paid vacation / PTO | No | Paid time off is generally not time actually worked. |
| Paid sick leave | No | Payment alone does not turn leave time into hours worked. |
| Unpaid leave | No | Ordinary unpaid leave is not hours actually worked. |
| Qualifying military-service absence | Special rule | USERRA-related rules can require crediting hours the employee would have worked. |
Length of service
Do the 12 months have to be consecutive?
Usually, no. Separate periods of employment can count toward the 12-month service requirement. Under the federal regulations, employment before a continuous break of seven years or more generally does not have to be counted, subject to exceptions including certain military-service breaks and qualifying written agreements concerning reemployment.
That is why this calculator asks for total months of countable employment rather than simply the date you most recently returned to work. If your history includes a long break in service, HR records may be needed before relying on the result.
Hybrid & remote work
How the 75-mile test works for remote employees
Working from home does not automatically make your home address the FMLA worksite. For employees with no fixed worksite, including many teleworkers, the relevant worksite is generally the office to which the employee reports or the location from which assignments are made.
That can change the answer dramatically. A fully remote employee living hundreds of miles from a company office may still satisfy the 50-within-75-miles test if the official reporting or assignment location has enough employees nearby. Conversely, counting coworkers who live near the employee’s house can produce the wrong result.
Eligibility is only step one
Being eligible does not mean every absence is FMLA leave
The calculator answers whether you appear to meet the federal threshold tests. FMLA protection also requires a qualifying reason. Common qualifying situations include the birth, adoption or foster placement of a child; the employee’s own serious health condition; care for a spouse, child or parent with a serious health condition; and certain military-family reasons.
Eligible employees generally may take up to 12 workweeks of FMLA leave in the employer’s applicable 12-month period. Military caregiver leave can provide up to 26 workweeks in a single 12-month period when the statutory conditions are met.
Once eligibility and the qualifying reason are established, use the FMLA Leave End Date Calculator to estimate the calendar impact of a block of leave.
Worked scenarios
FMLA eligibility examples
These examples show why the tests need to be checked separately rather than treating tenure alone as proof of eligibility.
A private employer is FMLA-covered. The employee has 18 months of service, 1,500 hours in the prior 12 months and works at a site with 50+ employees within 75 miles.
Likely eligible on the threshold tests.
An employee has 30 months of service and the worksite test passes, but only 1,040 hours were actually worked in the previous 12 months.
Likely not federally eligible yet.
A private elementary school is a covered employer regardless of overall size. The employee has 4 years of service and 1,700 hours, but the employer has fewer than 50 employees within 75 miles of the employee’s worksite.
The employee-level federal test still fails.
Where calculations go wrong
Common FMLA eligibility mistakes
- ×Counting PTO toward 1,250 hours. Paid leave can appear on a paycheck without being hours actually worked.
- ×Treating employer coverage and the 75-mile test as one rule. They answer different legal questions and both can matter.
- ×Assuming public employees automatically pass. Public agencies are covered employers regardless of size, but individual employee eligibility requirements remain.
- ×Using a remote employee’s home as the worksite without checking. The reporting or assignment office is often the relevant worksite.
- ×Stopping after the calculator says “likely eligible.” The employee still needs a qualifying reason and may need to satisfy notice or certification requirements.
Scope
What this calculator does not decide
This tool intentionally stays narrow. It does not determine:
- whether a medical condition meets the regulatory definition of a serious health condition;
- whether a family relationship or military-family reason qualifies;
- whether notice, medical certification or recertification requirements have been met;
- how much FMLA leave has already been used in the employer’s chosen 12-month period;
- whether state family or medical leave law gives broader protection;
- special airline flight crew eligibility rules; or
- whether a particular worker is correctly classified as an employee rather than an independent contractor.
Plain-English answers
FMLA eligibility FAQs
How many months do I need to work before I qualify for FMLA?
Federal FMLA generally requires at least 12 months of employment with the employer. The months do not usually have to be consecutive.
Do I need exactly 1,250 hours, or more than 1,250?
The threshold is at least 1,250 hours of service during the 12 months immediately before FMLA leave begins.
Does PTO count toward the 1,250-hour FMLA requirement?
Generally no. The DOL explains that the 1,250 hours include hours actually worked; paid and unpaid leave are generally excluded.
Does overtime count toward FMLA eligibility?
Hours actually worked can count toward the 1,250-hour requirement, including qualifying overtime hours actually worked.
Does my employer need 50 workers at my exact office?
No. The employee-level test looks for at least 50 employees at the worksite or within 75 miles of it.
What is my worksite if I work remotely?
For many employees with no fixed worksite, the relevant location is the office they report to or the place from which assignments are made rather than their residence.
Are public employees covered by FMLA?
Public agencies are covered employers regardless of their number of employees. Individual employees still need to satisfy the federal eligibility tests, including the 50-within-75-miles worksite rule.
Are teachers and school employees automatically eligible?
No. Elementary and secondary schools are covered employers regardless of size, but an employee still must satisfy the individual eligibility requirements.
Is FMLA paid?
FMLA itself is generally unpaid, job-protected leave. Employer-provided paid leave or state benefits may sometimes be available at the same time.
Can paid vacation or sick leave run at the same time as FMLA?
Yes, depending on the circumstances and the employer’s policies, paid leave may run concurrently with FMLA rather than extending the federal leave entitlement.
Can state law cover me if federal FMLA does not?
Possibly. States can provide broader family or medical leave rights, different paid-leave benefits or lower eligibility thresholds. This calculator checks federal FMLA only.
What if my employer says I am not eligible?
Ask which eligibility test is not met and request the relevant records or explanation. For federal FMLA questions, the U.S. Department of Labor Wage and Hour Division is the federal enforcement agency.
Primary federal sources
Editorial review
Thresholds and special-case explanations on this page were checked against current U.S. Department of Labor guidance on August 26, 2026. The calculator shows its assumptions instead of hiding them behind a single result.
This page is educational information, not legal advice. Employer records, collective bargaining agreements, state law and the facts surrounding the leave can change the real-world answer.
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