Before asking whether a medical or family situation qualifies for leave, an employee has to clear a more basic threshold: eligibility. Under the federal Family and Medical Leave Act, or FMLA, both the employer and the employee must meet specific requirements before job-protected leave is available. That is why two people with the same health condition can have different FMLA rights depending on where they work, how long they have been employed, and how many hours they have worked.
The four core FMLA eligibility requirements
For most employees, the federal eligibility test has four parts. The employee must work for a covered employer, must have worked for that employer for at least 12 months, must have at least 1,250 hours of service during the 12 months immediately before leave starts, and must work at a location where the employer has at least 50 employees within 75 miles. Meeting only some of these conditions is not enough.
1. You must work for a covered employer
A private-sector employer is generally covered by the FMLA if it employed 50 or more employees in 20 or more workweeks during the current or previous calendar year. Public agencies, including state, local, and federal government employers, are covered regardless of size. Public and private elementary and secondary schools are also covered regardless of the number of employees.
2. You need at least 12 months of employment
The 12 months do not have to be consecutive. Prior periods of employment with the same employer can count. In general, however, an employer is not required to count employment that occurred before a break in service of seven years or more, with exceptions for certain military service and some written rehire agreements.
3. You need at least 1,250 hours of service
The FMLA hours worked requirement looks at the 12 months immediately before leave begins. For most workers, only hours actually worked count toward the 1,250-hour threshold. Vacation, sick leave, holidays, unpaid leave, and prior FMLA leave generally do not count, even when some of that time is paid. Overtime hours actually worked do count.
For example, an employee who averages 25 hours of actual work per week for 50 weeks would reach 1,250 hours. A long-tenured employee who recently worked a much lighter schedule may satisfy the 12-month employment requirement but still fall short of the hours test. Airline flight crew employees have special eligibility rules.
4. Your worksite must meet the 50-employees-within-75-miles rule
The final federal test focuses on the employee’s worksite. Generally, the employer must have at least 50 employees at that location or within 75 miles. This can be decisive for workers at small branches of large companies. A company may employ thousands of people nationwide, yet an employee at an isolated location could still fail this requirement.
Remote work can make the rule look confusing. For FMLA purposes, a remote employee’s home is not automatically the worksite. The relevant worksite is generally the office to which the employee reports or the location from which assignments are made.
Eligibility is only the first step
Meeting the FMLA requirements does not mean every absence is protected. The leave must also be for a qualifying reason. Common reasons include the birth of a child and bonding, placement of a child for adoption or foster care, the employee’s own serious health condition, or caring for a spouse, child, or parent with a serious health condition. Certain military family situations can also qualify.
Eligible employees may generally receive up to 12 workweeks of FMLA leave in the applicable 12-month period for standard qualifying reasons. Military caregiver leave can provide up to 26 workweeks in a single 12-month period for an eligible employee caring for a covered servicemember with a serious injury or illness. FMLA leave is job-protected, and group health coverage generally continues on the same terms, but the federal law does not itself require the leave to be paid.
A practical example of who qualifies for FMLA
Consider an employee who has worked for a private company for 18 months and needs surgery. The company has 120 employees, the employee has worked 1,340 hours during the prior 12 months, and 60 employees work at or within 75 miles of the employee’s worksite. The basic eligibility tests are met. The next questions are whether the surgery and recovery meet the rules for a serious health condition and whether the employee provides required notice or medical certification.
A useful way to check eligibility is to review the requirements in order: employer coverage, 12 months of employment, 1,250 hours of service, and the 50-within-75-miles test. Then evaluate the reason for leave and any notice or certification requirements. Related topics worth reviewing include employee leave rights, serious health condition rules, and workplace accommodation rights.
State laws and employer policies may provide more protection
Federal FMLA is a baseline, not always the end of the analysis. Some states have family or medical leave laws with different employer-size thresholds, paid benefits, broader family definitions, or other eligibility rules. Employers may also offer paid parental leave, short-term disability benefits, personal leave, or other programs that apply even when federal FMLA does not.
Frequently asked questions
Do I qualify for FMLA if I have worked less than one year?
Usually not under federal FMLA. An employee generally needs at least 12 months of employment with the employer. The months do not always have to be consecutive, so earlier employment with the same employer may sometimes count.
Does paid time off count toward the 1,250 hours?
Generally no. For most employees, the 1,250-hour test is based on hours actually worked. Vacation, sick leave, holidays, and other time away from work generally do not add to the total.
Can a remote employee qualify for FMLA?
Yes. Remote status by itself does not prevent eligibility. For the 50-employees-within-75-miles test, the relevant worksite is generally the office the employee reports to or the location from which work assignments are made, rather than the employee’s home.
Can I qualify if my employer has fewer than 50 employees?
For a private-sector employer, federal FMLA coverage generally requires 50 or more employees in 20 or more workweeks in the current or previous calendar year. Public agencies and elementary and secondary schools are covered regardless of size, although individual employee eligibility rules still apply. State law or employer policy may provide additional leave rights.
What to remember about FMLA eligibility
Who qualifies for FMLA comes down to a sequence of federal tests, not simply the seriousness of the employee’s situation. Start by confirming that the employer is covered, then verify 12 months of employment, at least 1,250 qualifying hours in the prior 12 months, and the 50-employees-within-75-miles rule. Once those requirements are satisfied, the qualifying reason for leave, notice, and any certification requirements determine whether the absence can receive FMLA protection.