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FMLA Eligibility Calculator

Check all three federal eligibility criteria in seconds.

Your Situation

Eligibility Check

Overall FMLA eligibility -
12 months employed (need 12+) -
1,250 hours in last 12 months -
50+ employees within 75 miles -

Rough check only. Not legal advice - consult an employment attorney.

Building your eligibility file

Priya Raman
By Priya Raman, Contributing Writer, Policy & Regulation
Updated 2026-07-05

HR runs this exact three-part check the moment you ask for leave. Do the math yourself first. Then you walk in with your own numbers, not just theirs.

The twelve-month look-back

Your total time with the current employer has to add up to 12 months. It does not need to be continuous. Left and came back? That earlier stretch still counts, as long as the gap between the two stints ran under seven years.

Counting hours when your schedule is uneven

The 1,250-hour mark covers the 12 months right before your leave would start. That works out to about 24 hours a week, on average. Overtime counts. Vacation days and sick time do not, even though they land on the same pay stub as the hours you actually clocked.

When employer size is disputed

The 50-employee count is local, not corporate. It is your worksite plus any company location within 75 miles, not headcount across the whole business. This is where most disputes start. A small satellite office, sitting alone with no other company site nearby, can knock an otherwise-covered employee below the line.

Things to know

Good to know

Questions employees ask before requesting leave

What should I hand HR when I ask about FMLA?

Bring your own count of months employed and hours worked over the past 12 months, and do the math before HR runs theirs. If the two totals do not match, ask exactly which pay periods or absences they left out. Most gaps trace back to how overtime or an earlier leave got logged, not an actual shortfall.

Can leave under FMLA be split up instead of taken in one block?

Yes, if it is medically necessary. This is called intermittent leave, and it lets you take a few hours or days at a time, say around recurring treatment, rather than one continuous stretch. Your employer can ask for medical certification to back up that schedule.

Does FMLA come with a paycheck?

Not by itself, no. Federal FMLA leave is unpaid. Plenty of employers will let you run accrued vacation or sick time alongside it, though, and a growing number of states now layer paid family leave programs on top of the federal law, each with its own eligibility rules.

What can I do if HR says I'm not eligible but I think the count is wrong?

Ask HR to show you the specific hours or months they used, then check that against your own pay stubs and start date. If it looks like a counting error rather than a real shortfall, get your request and the discrepancy in writing before any deadline passes.

Eligibility aside, what reason actually qualifies for the leave?

A serious health condition, either yours or an immediate family member's. The birth or placement of a child. Or a qualifying military family need. Passing the three eligibility checks this tool runs does not automatically mean one of those applies too. Both pieces have to be true at once.