FMLA Leave Eligibility Calculator
Determine whether you qualify for unpaid, job-protected leave under the federal Family and Medical Leave Act (FMLA). Answer the questions below to check your eligibility and estimate how much leave you may have available.
Formula & Eligibility Criteria
Under 29 U.S.C. § 2611 and 29 C.F.R. Part 825, an employee is eligible for FMLA leave if all five of the following conditions are satisfied:
- Covered Employer: The employer employs 50 or more employees in 20 or more workweeks in the current or preceding calendar year (including all locations).
- Worksite Coverage: The employee's worksite has 50 or more employees within 75 miles (by surface roads).
- Tenure: The employee has worked for the employer for at least 12 months (need not be consecutive; prior service within 7 years counts).
- Hours of Service: The employee has worked at least 1,250 hours during the 12-month period immediately preceding the leave.
- Qualifying Reason: The leave is for a reason covered by FMLA (birth/adoption, serious health condition of self or covered family member, qualifying military exigency, or military caregiver).
Leave Entitlement:
- Standard FMLA: 12 weeks of unpaid, job-protected leave per 12-month period.
- Military Caregiver Leave: 26 weeks per single 12-month period (29 U.S.C. § 2612(a)(3)).
- Remaining Leave = Max Entitlement − Weeks Already Taken
Assumptions & References
- This calculator applies federal FMLA only. Many states (e.g., California, New York, New Jersey, Washington) have broader state-level family and medical leave laws that may cover smaller employers or shorter tenure periods.
- The 12-month period used by your employer to track FMLA usage may be a calendar year, a fixed year, a rolling 12-month period measured forward, or a rolling 12-month period measured backward — confirm with your HR department.
- The 1,250-hour threshold is based on hours actually worked; paid leave, holidays, and other non-work hours are generally excluded unless the employer counts them voluntarily.
- The 12-month tenure requirement does not need to be continuous; breaks in service of less than 7 years generally count toward the 12-month total.
- Military caregiver leave is limited to a single 12-month period per servicemember per injury/illness; veterans must have been discharged within 5 years.
- FMLA leave may run concurrently with employer-provided paid leave if the employer's policy or the employee elects to substitute accrued paid leave.
- References: Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601–2654; 29 C.F.R. Part 825; U.S. Department of Labor Wage and Hour Division (dol.gov/whd/fmla).
- This tool is for informational purposes only and does not constitute legal advice. Consult an employment attorney or your HR department for guidance specific to your situation.