FMLA Eligibility Calculator

–the three FMLA gates, straight from the statute
Statutory gate2026 thresholdWhere it comes from
Months of employmentat least 12 months29 U.S.C. 2611(2)(C)(i), non-consecutive OK
Hours actually workedat least 1,250 hours2611(2)(C)(ii), in the 12 months before leave
Employer size50+ employees within 75 miles2611(2)(B)(ii), every location counts
All three gates are verbatim from 29 U.S.C. \u00a7 2611, the FMLA definitions section: twelve months of employment (they need not be consecutive), at least 1,250 hours actually worked in the 12 months before the leave starts, and an employer with 50 or more employees within 75 miles. Pass all three and the law protects twelve workweeks of job-protected leave for a serious health condition, a new child, or a family member\u2019s care - unpaid unless a state plan or employer policy pays it. Bottom line: FMLA protects your job, not your paycheck - the federal layer is job security, and the money layer comes from state paid-family-leave programs or employer benefits stacked on top. More time math: federal holidays 2027 table, hour tracking time card calculator, rates salary to hourly.

The Family and Medical Leave Act protects twelve workweeks of job-protected leave - but only for employees who pass its three statutory gates: twelve months at the employer, 1,250 hours actually worked in the previous twelve, and an employer with fifty or more employees within seventy-five miles. This calculator checks all three against the definitions in 29 U.S.C. § 2611.

The gates are independent and unforgiving: failing any single one - even the employer-size test for a remote worker whose colleagues cluster elsewhere - removes FMLA protection entirely.

How to use

  1. Answer the three gates honestly; the verdict and the missing gates update live.
  2. Check the hours gate carefully: 1,250 means hours actually worked - PTO, holidays and leave hours do not count toward it.
  3. Passing grants twelve workweeks of job-protected leave per year, not paid leave - the pay layer comes from state programs or employer policy.

Frequently asked questions

Is FMLA leave paid?

The federal FMLA is unpaid - it protects the job and continued health insurance, not the paycheck. Nine-plus states run their own paid family and medical leave programs (funded by payroll deductions) that stack on top, and some employers offer short-term disability or PTO donation to bridge the gap.

Do the 1,250 hours include PTO and holidays?

No - the statute counts hours actually worked. A full-time employee at 40 hours reaches 1,250 in about 31 weeks, but part-time workers and anyone with long unpaid stretches may miss the gate even with years of tenure.

Can I take FMLA for a parent’s surgery?

Yes - caring for a spouse, child or parent with a serious health condition is a covered reason, as is your own serious health condition, birth and adoption bonding, and certain military family needs. The relationship and the medical certification are what the employer may verify.

What happens to my job after the twelve weeks?

The employer must restore you to the same position or an equivalent one with equivalent pay and benefits - that job protection is the statute’s core. It does not protect against layoffs that would have happened anyway, and it does not accrue: the entitlement is twelve workweeks per twelve-month period.

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