Workplace Rights1 min read

FMLA Eligibility Checklist: 12 Months, 1,250 Hours, and 50 Employees

Published 13 Apr 2026

The Family and Medical Leave Act can protect your job during serious medical and family needs, but eligibility is technical. Before relying on FMLA leave, workers should check employer coverage, tenure, hours worked, location, and qualifying reasons. A small eligibility detail can change the entire analysis.

Key takeaways

Eligible employees may receive up to 12 workweeks of unpaid, job-protected leave for qualifying reasons
Most employees must have worked 12 months and 1,250 hours before leave starts
The employer usually must have 50 or more employees within 75 miles of the worksite
Denied leave, interference, or retaliation can create an FMLA claim

The Core FMLA Eligibility Test

Covered employer
Private employers are generally covered if they have 50 or more employees. Public agencies and schools have separate coverage rules.
12 months of work
You generally need at least 12 months of employment with the employer. The months do not always need to be consecutive.
1,250 hours
You generally need at least 1,250 hours of service during the 12 months before FMLA leave starts.
50 employees within 75 miles
You usually must work at a location where the employer has at least 50 employees within 75 miles.

Qualifying Reasons for Leave

FMLA leave may be available for your own serious health condition, caring for certain family members with serious health conditions, bonding with a new child, qualifying military exigencies, and military caregiver leave. The details matter, especially when leave is intermittent or medical certification is requested.

What FMLA Interference Can Look Like

Potential FMLA interference includes denying eligible leave, discouraging leave, counting protected leave against attendance, refusing reinstatement, delaying paperwork, or demanding more medical information than the law allows. Retaliation after requesting or taking FMLA leave can also create a separate claim.

How to Protect Your Leave Rights

Make requests in writing when possible, save medical certification materials, keep copies of HR responses, and track any schedule change, discipline, or termination after your leave request. If your employer says you are not eligible, ask which requirement they believe is missing.

Official Resources

The Department of Labor's FMLA overview explains the 12-month, 1,250-hour, and 50-employee eligibility framework. If your leave was denied or punished, get a free consult quickly because deadlines may apply.

Frequently Asked Questions

Does FMLA provide paid leave?

FMLA provides unpaid, job-protected leave. Paid sick leave, PTO, disability benefits, or state paid-leave programs may interact with FMLA depending on the workplace and state.

Can I take FMLA leave intermittently?

Yes, when medically necessary or otherwise allowed by the law. Intermittent leave often requires careful documentation and accurate tracking.

Can I be fired while on FMLA leave?

An employer can make legitimate decisions unrelated to leave, but it cannot fire you because you requested or used protected FMLA leave. Timing and documentation are important.