FMLA Eligibility Calculator
| Statutory gate | 2026 threshold | Where it comes from |
|---|---|---|
| Months of employment | at least 12 months | 29 U.S.C. 2611(2)(C)(i), non-consecutive OK |
| Hours actually worked | at least 1,250 hours | 2611(2)(C)(ii), in the 12 months before leave |
| Employer size | 50+ employees within 75 miles | 2611(2)(B)(ii), every location counts |
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
- Answer the three gates honestly; the verdict and the missing gates update live.
- Check the hours gate carefully: 1,250 means hours actually worked - PTO, holidays and leave hours do not count toward it.
- 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.