FMLA eligibility calculator: is this employee eligible for leave?
Enter a hire date, the hours worked in the last 12 months and the number of employees near the worksite to check the three eligibility tests. Built for HR teams that field leave requests and need to confirm eligibility before the notice deadline.
Check the three FMLA tests.
Change any field and the result updates as you type.
Usually the day leave would start.
Hours actually worked, not paid time off.
Count everyone on the payroll at that worksite and nearby ones.
Your result
A planning estimate, not legal advice. The employer must also have 50 or more employees for 20 workweeks in the current or prior year. Check state leave laws and your policy.
What are the FMLA eligibility tests?
An employee is eligible for FMLA leave when three things are true. The employee has worked for the employer for at least 12 months, has worked at least 1,250 hours in the 12 months before the leave starts, and works at a site with at least 50 employees within 75 miles. The employer itself must also be covered, which means 50 or more employees for 20 or more workweeks in the current or prior calendar year.
What happens to health coverage?
During FMLA leave the employer has to keep the employee on its group health plan on the same terms as if the employee were working. The employee still pays the usual share of the premium. If the employee does not return, coverage after leave is governed by the plan’s rules and COBRA, which often adds a notice step. See our leave and benefits continuation pages.
Common questions
Do the 12 months have to be consecutive?
No. They do not have to be consecutive, though breaks of more than seven years can reset the count with some exceptions, such as military service.
Do paid time off hours count toward 1,250?
No. The test counts hours actually worked, not paid leave, vacation or holidays.
What if the employee is remote?
Employees who work remotely are assigned to the site they report to or that supervises them. Count employees within 75 miles of that site.
Do state leave laws matter?
Yes. A state law can give leave to employees who are not eligible under the federal law. Ask your advisor about the rules where your employees work.
Laws and rules referenced
29 U.S.C. § 2611 — FMLA definitions: covered employer (50 employees) and eligible employee.
29 U.S.C. § 2612 — FMLA leave entitlement: up to 12 workweeks of job-protected leave.
29 C.F.R. § 825.110 — Eligible employee: 12 months, 1,250 hours and 50 employees within 75 miles.
This tool gives estimates for education, not tax or legal advice. Rules change, so confirm your situation with a qualified advisor.
Talk to us about leave and benefits
Book a 30-minute call and we will check how your leave policy, your plan and your payroll handle coverage while an employee is out. Visit us at 41000 Woodward Avenue, Suite 350 East, Bloomfield Hills, MI 48304, or call 248.370.8853.
Unhappy With Your Current Broker?
Switching to CFH takes one signed letter. Your carrier, plan, ID cards and payroll deductions stay the same.
Related guides and tools.
Leave and Absence Management
How we help employers keep leave, pay and coverage in step.
Free Employer Benefits Tools
The full set of free calculators for employers.
Compliance and Legislative
Deadlines and rules that apply to your plan.
Form 5500 Due Date Calculator
Find the due date and check the small-plan exemption.
Employer Mandate Penalty Calculator
Estimate the exposure if coverage is not offered or affordable.
Plan Change Notice Calculator
Find the date employees must be told about a plan change.
An independent employee benefits consulting firm. We look at the entire benefits program — cost, plan performance, risk and administration.
Switch to CFH. Unhappy with your broker? Your employees won’t notice. You will. →