FMLA eligibility: four requirements to check

How to check FMLA eligibility

Start with employer coverage, then review the employee's service, hours worked, and worksite headcount. Eligibility depends on all four requirements.

1. Employer coverage. Private employers are covered when they have at least 50 employees for each working day during 20 or more workweeks in the current or previous calendar year. Public agencies and public or private elementary and secondary schools are covered at any size.
2. 12 months of employment. The employee has at least 12 months of service with the employer. The months can be nonconsecutive. Employment before a break of seven years or more generally is excluded, with exceptions for qualifying military service and certain written rehire agreements.
3. 1,250 hours worked. The employee has worked at least 1,250 hours in the 12 months before leave begins, averaging about 24 hours per week. Count actual hours worked, including overtime. Paid time off, holidays, and unpaid leave generally fall outside the total. For qualifying military service, count the hours the employee would have worked.
4. 50 employees within 75 miles. The employer must have at least 50 employees at or within 75 miles of the employee's worksite. Measure the distance using the shortest route over public roads. For remote employees, the worksite is generally the office they report to or the office that assigns their work.

After confirming eligibility, review the reason for leave and any applicable state protections.

Six qualifying reasons for FMLA leave

FMLA covers six qualifying reasons involving family, medical, and military needs. Most qualifying reasons allow up to 12 weeks. Military caregiver leave allows up to 26 weeks.

Birth and bonding 12 weeks

Leave for the birth of a child and bonding during the first 12 months after birth.

Adoption or foster placement 12 weeks

Leave for adoption or foster placement and bonding during the first 12 months after placement.

A family member’s serious health condition 12 weeks

Leave to care for a spouse, child, or parent with a qualifying serious health condition. In-laws, siblings, and grandparents are outside the federal definition of family. State programs may provide broader coverage.

The employee’s own serious health condition 12 weeks

Leave when the employee's serious health condition prevents them from performing essential job duties.

Military qualifying exigency 12 weeks

Leave for qualifying needs arising from a spouse, child, or parent's covered active duty or call to covered active duty. Examples include short-notice deployment, childcare arrangements, and financial or legal matters.

Military caregiver leave 26 weeks

Leave to care for a covered servicemember or qualifying veteran with a serious injury or illness. Eligible caregivers include a spouse, child, parent, or next of kin.

How much leave employees can take

Eligible employees can receive up to 12 weeks of unpaid, job-protected leave in a 12-month period for the first five qualifying reasons. Military caregiver leave allows up to 26 weeks in a single 12-month period. The 26-week limit includes other FMLA leave taken during that same period.

During FMLA leave, group health benefits continue on the same terms as active employment. Employees generally return to the same or a virtually identical position in pay, benefits, and duties. Limited exceptions apply to certain highly paid key employees. Employees can take leave continuously, intermittently, or on a reduced schedule when medically necessary or for a qualifying military exigency. Intermittent or reduced-schedule bonding leave requires employer agreement.

Employers can choose a calendar year, another fixed year such as a fiscal year or employment anniversary, a forward-looking period beginning with the first day of leave, or a rolling 12-month lookback. Choose one method, use it consistently, and include it in the leave policy. Military caregiver leave uses a separate single 12-month period beginning on the first day of that leave.

Two employees, two eligibility outcomes

Maria and Sam work for the same employer and meet the service and worksite requirements. Their eligibility comes down to the hours each worked.

Additional eligibility considerations

• Nearby worksites. Include employees assigned to worksites within the 75-mile measurement.
• Hours worked. Review actual work records, include overtime, and account for qualifying military service.
• Employer coverage and employee eligibility are separate tests. Public agencies and schools are covered at any size, while individual employees generally still need to meet the 50-within-75-miles requirement.
• Recheck eligibility for new leave requests when required. A new qualifying reason or leave year may call for another review. Eligibility for an established leave generally continues during the applicable period.

How state leave programs work alongside FMLA

State paid family and medical leave programs may provide wage replacement, broader eligibility, or additional job protections. Washington, for example, extended job protection on 1 January 2026 to employers with 25 or more employees for employees with at least 180 days of service. When state leave and federal FMLA cover the same absence, the leave periods generally run concurrently when the requirements for both are met.

For each state program, check eligibility, available leave, wage replacement, and job protections.