FMLA Eligibility Quiz
Answer 3 quick questions to see if you qualify for job-protected leave under the Family and Medical Leave Act.
Does your employer have 50 or more employees within 75 miles?
Count all employees at your location and nearby offices, branches, or stores within 75 miles.
Have you worked for this employer for at least 12 months?
The 12 months don't have to be consecutive. Any time worked for this employer in the past 7 years counts.
Have you worked at least 1,250 hours in the past 12 months?
That's about 24 hours per week on average. Count only hours actually worked — not PTO, holidays, or sick time.
What is FMLA?
The Family and Medical Leave Act (FMLA) is a federal law that gives eligible employees up to 12 weeks of unpaid, job-protected leave per year. It covers leave for the birth or adoption of a child, caring for a spouse, child, or parent with a serious health condition, or your own serious health condition. FMLA applies to all public employers and private employers with 50 or more employees.
What FMLA Provides
12 Weeks Leave
Up to 12 weeks of unpaid, job-protected leave per year for the birth or adoption of a child, or to care for a family member with a serious health condition.
Job Protection
Your employer must hold your job (or an equivalent position) while you're on FMLA leave. You cannot be fired or demoted for taking FMLA leave.
Health Insurance
Your employer must continue your group health insurance coverage during FMLA leave under the same terms as if you were still working.
Common Questions
Is FMLA leave paid?
No. FMLA only guarantees unpaid, job-protected leave. However, some states have paid family leave programs that can run concurrently with FMLA, and your employer may allow (or require) you to use accrued PTO during FMLA leave.
Does FMLA cover fathers?
Yes. FMLA applies equally to mothers and fathers. Both parents can take up to 12 weeks for bonding with a new child, whether by birth, adoption, or foster care placement.
Can I take FMLA leave intermittently?
Yes, for a serious health condition. For bonding with a new child, intermittent leave is only available if your employer agrees. When approved, you can take FMLA in blocks of time or by reducing your daily/weekly schedule.
What if I don't qualify for FMLA?
Check your state's laws. Many states have their own family leave laws with different eligibility requirements. Some cover smaller employers or require fewer months of employment. Your employer may also offer parental leave voluntarily.
How do I count 1,250 hours?
Count only hours actually worked, not PTO, holidays, or sick time. For a full-time employee working 40 hours/week, 1,250 hours equals about 24 hours per week averaged over a year, or roughly 31 weeks of full-time work.
Related Tools
This quiz provides a general indication of FMLA eligibility based on federal requirements. It is not legal advice. State laws may provide additional protections. Consult your HR department or an employment attorney for specific guidance.