📋 Your Employment Details
Total months; need not be consecutive
Enter months employed (0 or more).
Do NOT include vacation, PTO, or sick time
Enter actual hours worked (0 or more).
Count all employees at your site and within 75 miles
Enter number of employees.
Used to calculate intermittent leave entitlement
Enter your weekly hours (1 to 80).
Military caregiver leave allows 26 workweeks
Select leave type.
State PFML may provide wage replacement during FMLA
Select your state.
⚠️ Disclaimer: This calculator provides a general FMLA eligibility estimate based on DOL Fact Sheet #28 requirements. FMLA eligibility depends on all facts and circumstances of your employment. Consult your HR department or an employment attorney for your specific situation. This is not legal advice.
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Sources & Methodology
All three eligibility requirements verified against DOL Fact Sheet #28, 29 U.S.C. §2601, and 29 CFR Part 825. Hours-worked distinction confirmed per FLSA principles and federal court precedent.
DOL Fact Sheet #28 — The Family and Medical Leave Act
Official DOL summary of all FMLA requirements including the three-part eligibility test, covered employer definition, qualified reasons for leave, and employee rights. Primary source for the 12-month, 1,250-hour, and 50-employee criteria used in this calculator.
DOL eLaws FMLA Advisor — Hours of Service Requirement
Confirms that the 1,250-hour requirement uses FLSA principles — actual hours worked only. Paid leave, vacation, sick time, and PTO do NOT count. This is the most commonly misunderstood aspect of FMLA eligibility, and the critical distinction in this calculator.
29 CFR Part 825 — FMLA Implementing Regulations
Federal regulations governing all aspects of FMLA implementation including eligibility determination, intermittent leave calculation, military caregiver leave, and employer notice requirements.
Calculation Methodology:
Requirement 1 (Employment duration): months ≥ 12 = PASS (non-consecutive months allowed; 7+ year gap breaks continuity)
Requirement 2 (Hours worked): hours_actually_worked in last 12 months ≥ 1,250 = PASS (vacation/PTO/sick NOT counted per FLSA)
Requirement 3 (Employer size): employees_within_75_miles ≥ 50 = PASS
Intermittent leave entitlement (hours) = weekly_hours × leave_weeks_entitlement
Standard leave: 12 workweeks → weekly_hours × 12
Military caregiver: 26 workweeks → weekly_hours × 26
Hours still needed = max(0, 1250 − hours_worked)
Requirement 1 (Employment duration): months ≥ 12 = PASS (non-consecutive months allowed; 7+ year gap breaks continuity)
Requirement 2 (Hours worked): hours_actually_worked in last 12 months ≥ 1,250 = PASS (vacation/PTO/sick NOT counted per FLSA)
Requirement 3 (Employer size): employees_within_75_miles ≥ 50 = PASS
Intermittent leave entitlement (hours) = weekly_hours × leave_weeks_entitlement
Standard leave: 12 workweeks → weekly_hours × 12
Military caregiver: 26 workweeks → weekly_hours × 26
Hours still needed = max(0, 1250 − hours_worked)
Last reviewed: April 2026 | Source: DOL Fact Sheet #28, 29 CFR Part 825
FMLA Eligibility Guide 2026: All 3 Requirements Explained
The Family and Medical Leave Act provides eligible employees of covered employers with up to 12 weeks of unpaid, job-protected leave per year for qualifying family and medical reasons. Getting FMLA eligibility wrong — in either direction — has serious consequences: employees lose protection they are entitled to, or employers face DOL investigations and litigation. This guide explains every eligibility requirement in precise detail, including the critical distinction between hours worked and hours paid that trips up both employees and HR departments.
Requirement 1: 12 Months of Employment
You must have worked for the same employer for at least 12 months. These 12 months do not need to be consecutive — if you were rehired after leaving, prior employment periods may count. Critical rules:
- Employment prior to a break in service of 7 or more years generally does not count, with exceptions for military service under USERRA or a written agreement.
- A break of fewer than 7 years means prior employment counts toward the 12 months.
- If you are maintained on the payroll for any part of a week (even on leave), that week counts as a week of employment.
- The 12-month determination is made as of the date FMLA leave is to start.
Requirement 2: 1,250 Hours Worked (Not Hours Paid)
This is the most commonly misunderstood requirement. You must have worked at least 1,250 actual hours in the 12-month period immediately before leave begins. The word "worked" is critical:
Hours Counted = Regular Hours + Overtime Hours + Qualifying On-Call Hours
Hours NOT Counted = Vacation + Sick Leave + PTO + Holidays + Any Paid Leave
Per FLSA principles confirmed in DOL eLaws and federal court decisions including Saulsberry v. Federal Express (6th Cir. 2014): only actual compensable hours worked count toward the 1,250-hour threshold. An employee with 1,257 hours paid but only 1,109 hours worked is NOT eligible.
| Weekly Hours Worked | Annual Hours (52 wks) | Meets 1,250 Hours? | Hours Margin |
|---|---|---|---|
| 24 hrs/week | 1,248 | NO (2 hours short) | -2 |
| 25 hrs/week | 1,300 | YES | +50 |
| 30 hrs/week | 1,560 | YES | +310 |
| 40 hrs/week | 2,080 | YES | +830 |
| 20 hrs/week | 1,040 | NO | -210 |
Requirement 3: 50 Employees Within 75 Miles
You must work at a location where the employer has 50 or more employees within 75 miles of your specific worksite. The 75-mile radius is measured from your worksite — not the company headquarters. For remote workers, the worksite is generally the office to which you report or from which your work is assigned. Public agencies and schools are covered regardless of employee count.
Intermittent Leave Entitlement Calculation
If you qualify for FMLA, you may take leave intermittently (in blocks of time) rather than all at once when medically necessary. Your total entitlement in hours depends on your normal schedule:
Intermittent Leave Entitlement (hours) = Weekly Hours × 12 weeks
Full-time (40 hrs/week): 40 × 12 = 480 hours total entitlement
Part-time (24 hrs/week): 24 × 12 = 288 hours total entitlement
Military caregiver (40 hrs/week): 40 × 26 = 1,040 hours total entitlement
Employers must track intermittent leave in the smallest increment used for other leave types, but never more than one hour.
Part-time (24 hrs/week): 24 × 12 = 288 hours total entitlement
Military caregiver (40 hrs/week): 40 × 26 = 1,040 hours total entitlement
Employers must track intermittent leave in the smallest increment used for other leave types, but never more than one hour.
State PFML Programs That Coordinate With FMLA (2026)
Many states have Paid Family and Medical Leave programs that run concurrently with federal FMLA, providing partial wage replacement (often 60-90% of wages) during leave that FMLA does not pay. Key 2026 update: Washington state expanded PFML coverage to employers with 25 or more employees (down from 50+) effective January 1, 2026 — meaning some employees not covered by federal FMLA may still have state protections.
| State | Program | Wage Replacement | Employee Threshold |
|---|---|---|---|
| California | CFRA + PFL | 60-70% of wages | 5+ employees (CFRA) |
| New York | NYPFL | 67% up to cap | All employers |
| Washington | WA PFML | ~90% low wage / 60-70% higher | 25+ employees (2026) |
| Massachusetts | MA PFML | Up to 80% of wages | All employers |
| New Jersey | NJ FLA + TDI | Up to 85% of wages | 30+ employees (FLA) |
| Oregon | Paid Leave Oregon | Up to 60% of wages | 25+ employees |
Frequently Asked Questions
You must meet all three: (1) Worked for the employer for at least 12 months (need not be consecutive); (2) Worked at least 1,250 actual hours in the 12 months before leave — vacation and PTO do NOT count, only actual hours worked per FLSA principles; (3) Work at a location where the employer has 50 or more employees within 75 miles of your worksite.
No. This is the most common mistake. Only actual hours worked count under FLSA principles — not hours paid. Paid vacation, PTO, sick leave, and holidays do NOT count toward the 1,250-hour threshold. Federal courts have consistently upheld this rule. An employee with 1,400 hours on their pay stub but only 1,100 hours actually worked is NOT FMLA-eligible on the hours requirement.
Standard FMLA provides up to 12 workweeks of unpaid, job-protected leave per 12-month period. Military caregiver leave provides up to 26 workweeks in a single 12-month period. Entitlement is measured in workweeks based on your normal schedule — a part-time employee working 24 hours per week has 288 hours of intermittent leave entitlement (12 weeks x 24 hours). Leave must be taken within a 12-month period as defined by your employer's chosen method.
Yes, part-time employees can qualify for FMLA as long as they meet all three requirements. The key is the 1,250-hour threshold — a part-time employee working 25 or more actual hours per week for 50 weeks would accumulate 1,250 hours. Their leave entitlement is also calculated based on their actual schedule: a 24-hour/week employee gets 288 hours of intermittent FMLA (not 480 hours like a 40-hour employee).
No. The 12 months of employment do not need to be consecutive. If you left and were rehired, prior employment generally counts unless there was a break in service of 7 or more years. Weeks where you are on payroll — even if not working (e.g., on leave) — count as weeks of employment. The 12-month determination is made as of the first day FMLA leave begins.
Intermittent FMLA lets you take leave in separate blocks (hours, days, or weeks) rather than all at once. It requires medical certification that the leave is medically necessary. Your total entitlement in hours equals your normal weekly hours multiplied by 12 weeks. Employers must track intermittent leave in the smallest increment used for other leave, but no larger than one hour. Your employer may temporarily transfer you to an equivalent position that better accommodates an intermittent schedule.
Private-sector employers with 50 or more employees in 20 or more workweeks in the current or prior calendar year are covered. All federal, state, and local government agencies are covered regardless of size. All public and private elementary and secondary schools are covered regardless of size. If your employer has fewer than 50 employees at all locations, federal FMLA does not apply — but check your state for a PFML program that may still protect you.
Washington state expanded its Paid Family and Medical Leave (PFML) program to cover employers with 25 or more employees effective January 1, 2026 (previously the threshold was higher). This means employees at smaller Washington employers who are not covered by federal FMLA (which requires 50+ employees) may still receive state-level wage replacement and job protection under Washington's PFML program.
If you meet all eligibility requirements and your reason for leave is FMLA-qualifying, your employer cannot deny FMLA leave. Employers may require proper notice (30 days for foreseeable leave; as soon as practicable for emergencies), medical certification (usually within 15 days of request), and compliance with reasonable call-in procedures. They may require you to use accrued paid leave concurrently with FMLA. They cannot deny, delay, or interfere with your FMLA rights — doing so is a DOL violation.
Federal FMLA itself is unpaid leave. However, your employer may require — or you may choose — to use accrued paid leave (vacation, sick days, PTO) concurrently with FMLA. This substitutes paid leave for FMLA leave but does not extend your total leave entitlement beyond 12 weeks. Many states have separate Paid Family and Medical Leave programs (California, New York, Washington, etc.) that provide partial wage replacement during FMLA-qualifying leave — typically 60-90% of wages up to a weekly cap.
You need to average at least 24.04 actual hours worked per week over a 52-week period (1,250 hours / 52 weeks). This means regularly working 25+ actual hours per week virtually guarantees you meet the hours requirement (as long as those are actual hours worked, not including PTO or paid leave). If you are unsure, calculate your actual working hours from time records — not your pay stubs, which may include paid leave.
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