Am I Eligible for Family & Medical Leave?
Last reviewed: January 2026
The FMLA Eligibility Calculator is a free browser-based tool that performs this calculation instantly with no signup or downloads required. Enter your values, click calculate, and get accurate results immediately. All processing happens in your browser — nothing is sent to a server.
The Family and Medical Leave Act guarantees eligible employees up to 12 weeks of unpaid, job-protected leave per year for qualifying reasons including childbirth, adoption, serious health conditions, and caring for a family member with a serious health condition.[1] To be eligible, you must have worked for your employer for at least 12 months, logged at least 1,250 hours in the past 12 months, and work at a location with 50 or more employees within a 75-mile radius.[2] FMLA leave is unpaid under federal law, but 11 states plus DC have enacted paid family leave programs that provide partial wage replacement (typically 50-90% of wages) during FMLA-qualifying absences.[3] Use the Salary Converter to understand how leave affects your annual compensation.
| Leave Type | Duration | Paid? | Job Protected? |
|---|---|---|---|
| Birth/adoption of child | 12 weeks | No (unless state law) | Yes |
| Serious health condition (self) | 12 weeks | No | Yes |
| Care for family member | 12 weeks | No | Yes |
| Military caregiver | 26 weeks | No | Yes |
The Family and Medical Leave Act provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for qualifying family and medical reasons. To qualify, an employee must meet three requirements simultaneously: they must work for a covered employer (private employers with 50 or more employees within a 75-mile radius, all public agencies, and public and private elementary and secondary schools), they must have worked for the employer for at least 12 months (not necessarily consecutive), and they must have worked at least 1,250 hours during the 12 months immediately preceding the leave. These combined requirements exclude a significant portion of the American workforce — approximately 40% of private-sector workers are ineligible due to employer size, and an additional percentage are excluded by the hours or tenure requirements.
| Leave Type | Duration | Who Qualifies | Key Details |
|---|---|---|---|
| Birth/bonding with newborn | Up to 12 weeks | Both parents | Must be taken within 12 months of birth |
| Adoption/foster placement | Up to 12 weeks | Both parents | Must be taken within 12 months of placement |
| Serious health condition (self) | Up to 12 weeks | Employee | Requires medical certification |
| Care for family member | Up to 12 weeks | Spouse, child, parent | Does not include in-laws, siblings, or grandparents |
| Military family leave | Up to 12 weeks | Qualifying exigency | Related to deployment of family member |
| Military caregiver leave | Up to 26 weeks | Spouse, child, parent, next of kin | Care for injured service member |
FMLA leave does not have to be taken in a single continuous block. Intermittent leave allows employees to take leave in separate blocks of time or reduce their normal work schedule when medically necessary. Common uses include recurring medical treatments such as chemotherapy or dialysis, chronic conditions that cause periodic flare-ups like migraines, rheumatoid arthritis, or Crohn's disease, pregnancy-related complications requiring periodic rest, and mental health conditions that episodically prevent work. Employers may require employees on intermittent leave to transfer temporarily to an equivalent position that better accommodates the recurring absences. Tracking intermittent leave requires converting partial-day absences into fractions of the employee's normal workweek — an employee who normally works 40 hours per week and takes 4 hours of intermittent leave has used 0.1 week (4 ÷ 40) of their 12-week FMLA entitlement.
Employers must maintain the employee's group health insurance coverage during FMLA leave on the same terms as if the employee were still actively working, including continuing to pay the employer's share of the premium. If the employee fails to return from leave for a reason other than the continuation of a qualifying condition, the employer may recover the health insurance premiums paid during the leave. Upon return, the employer must reinstate the employee to their original position or an equivalent position with equivalent pay, benefits, and working conditions. Retaliation against employees for exercising FMLA rights — including termination, demotion, reduced hours, or negative performance reviews based on FMLA usage — is illegal and can result in significant damages including back pay, front pay, liquidated damages equal to back pay, and attorney fees.
Several states have enacted family leave laws that provide broader coverage than federal FMLA. California's CFRA covers employers with 5+ employees and extends leave to care for domestic partners, grandparents, grandchildren, and siblings — a significantly wider definition than FMLA's spouse, child, and parent limitation. New York's Paid Family Leave provides up to 12 weeks of paid leave at 67% of the employee's average weekly wage (capped at the state average weekly wage). Washington state's Paid Family and Medical Leave provides up to 12 weeks for family leave and 12 weeks for medical leave (with a combined maximum of 16-18 weeks) at up to 90% of wages. New Jersey, Rhode Island, Connecticut, Colorado, Oregon, Maryland, Delaware, and Minnesota have also enacted paid family leave programs with varying benefit levels and eligibility requirements. Employees in states with paid leave programs effectively receive both job protection under FMLA and partial wage replacement under the state program simultaneously. For financial planning during leave, see our Budget Calculator and Net Pay Calculator.
Since federal FMLA is unpaid, financial preparation is critical. Start building a leave fund as early as possible — saving even $200-$500 per month in the months leading up to anticipated leave (such as expected childbirth) can accumulate $2,000-$6,000 or more. Check whether your employer allows paid time off (vacation, sick leave, personal days) to be used concurrently with FMLA leave — many employers require or allow this substitution, which provides income during the protected leave period. Short-term disability insurance, if purchased before the qualifying event, typically replaces 50-70% of income during medical leave (including maternity leave), usually after a 7-14 day elimination period. Some employers offer paid parental leave in addition to FMLA — this is becoming increasingly common, with approximately 35% of private-sector employers now offering some paid parental leave. Review your employer's leave policies thoroughly and coordinate all available benefits to maximize income replacement during your leave period.
⚖️ Legal Disclaimer: This calculator provides general educational information only and does not constitute legal advice. FMLA eligibility depends on specific facts and circumstances. Consult a licensed employment attorney for advice about your situation.
FMLA provides 12 weeks of unpaid, job-protected leave per 12-month period for qualifying reasons: birth or adoption of a child, serious health condition of the employee or an immediate family member, or qualifying exigencies related to a family member's military service. The law applies to employers with 50+ employees within 75 miles and requires the employee to have worked 1,250+ hours in the preceding 12 months. Critical limitations: FMLA protects your job but not your pay — only 13 states plus DC have paid family leave laws. Your employer must continue health insurance during FMLA leave on the same terms as before. You can take FMLA intermittently (e.g., one day per week for ongoing treatment). Estimate your income impact during leave with our Net Salary Calculator.
See also: Severance Pay Calculator · Workers Comp Settlement Estimator · WARN Act Calculator
→ FMLA provides job protection, not pay. FMLA guarantees 12 weeks of unpaid leave per year with your job (or an equivalent position) held. Your employer must continue your health insurance during leave. Some employers offer paid leave separately — that's a benefit, not an FMLA requirement.
→ The 1,250-hour requirement excludes about 40% of workers. Part-time employees working under 24 hours/week typically don't qualify. Track your hours carefully if you're close to the threshold — overtime counts, but paid leave hours (vacation, sick days) may not in some calculations.
→ FMLA covers more than just new babies. Qualifying reasons include: birth/adoption/foster placement, your own serious health condition, caring for a spouse/parent/child with a serious health condition, and qualifying military family leave (up to 26 weeks).
→ State laws may provide broader protection. California, New York, New Jersey, Washington, and several other states have their own family leave laws with lower employer-size thresholds, paid benefits, or expanded qualifying reasons. Check your state's laws — they may cover you even if FMLA doesn't. See our Pregnancy Calculator for timing your leave.
See also: Pregnancy Calculator · Salary Converter · Budget Calculator · Hours Calculator