Family and Medical Leave Act
U.S. Department of Labor · checked 2026-10-04
The app uses the figures and rules named on that page. It does not replace the page.
family · official figure · reviewed 2026-10-04
Screen FMLA Hours, Months, and Worksite Size
Federal FMLA leave requires 12 months, 1,250 hours, and 50 employees within 75 miles. The worksite test still applies at a public agency.
What this guide helps you do
Apply the DOL months, hours, and worksite tests, and show 12 or 26 workweeks.
The figure that changes the result
A public employer can be covered and the employee can still fail the 50-employee worksite test.
Reading the DOL eligibility list and counting hours from pay stubs takes about 40 minutes. The worksite test is often skipped for public jobs.
Who this is for
An employee checking the federal eligibility tests before asking for family or medical leave.
Steps
Step 1
Count months with this employer. Need 12.
Step 2
Count hours in the 12 months before leave starts. Need 1,250.
Step 3
Count employees within 75 miles. Need 50.
Step 4
Confirm the employer is covered. A private employer needs 50 employees in 20 workweeks.
Step 5
Use 26 workweeks only for military caregiver leave.
Worked example
12 months, 1,250 hours, and 50 employees within 75 miles meet the three tests. A serious health condition uses 12 workweeks. One hour less, 1,249, fails the hours test.
The three tests are met. The leave length on this entry is 12 workweeks.
- Months: 12 (need 12).
- Hours: 1250 (need 1,250).
- Employees within 75 miles: 50 (need 50).
- Leave length if eligible and the reason qualifies: 12 workweeks.
Covered employer, 12 months, 1,250 hours, and 50 employees within 75 miles are all met.
Where this goes wrong
Airline flight crews and some school employees have special rules. This tool does not apply them. State leave can be broader. FMLA leave is unpaid unless the employer pays it.
What the source says
Limits
The tool does not decide whether the health condition qualifies.
It does not calculate intermittent leave hours.
USERRA may give credit for military service time. This tool does not add that credit.
This tool gives general information. It is not legal advice. Laws differ by state and change. Check the result with a licensed attorney or a legal aid office before you act.
Use the current instruction from the agency named above. This guide is a planning aid, not an official decision.
Free companion app
Apply the DOL months, hours, and worksite tests, and show 12 or 26 workweeks.
Open Check the Three FMLA Eligibility Tests
Your entries stay on this device. We do not receive them.
This guide uses short, direct instructions as an ASD-STE100-style writing target. It is not a formal certification.