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The Family and Medical Leave Act (FMLA) provides eligible employees with job-protected, unpaid leave for qualifying family and medical reasons. However, employee eligibility for FMLA depends on specific federal requirements rather than an employee’s need for leave alone.
Eligibility may depend on the employer’s size, the employee’s length of service, hours worked, and worksite location. Understanding these standards can help employees assess whether FMLA protections apply before requesting time away from work.
Understanding Employee Eligibility for FMLA Leave
Employee eligibility for FMLA depends on both the employer’s coverage under the Family and Medical Leave Act and the employee’s own work history. Eligibility is not automatic simply because an employee needs time away from work for a medical or family-related reason.
In general, an eligible employee must work for a covered employer, have been employed for at least 12 months, and have completed at least 1,250 hours of service during the 12 months immediately preceding leave.
The employee must also work at, or report to, a location where the employer has at least 50 employees within 75 miles. Separate rules apply to certain airline flight crew employees.
Employee eligibility for FMLA is assessed when leave is scheduled to begin. Meeting the eligibility standards permits an employee to request protected leave, though the reason for leave must also qualify under the FMLA.
Employer Coverage Requirements Under the FMLA
The FMLA applies only when an employer is covered by the law. Employer coverage is a threshold issue in determining employee eligibility for FMLA leave, along with the employee’s own length of service and work-hour requirements.
Private-sector employers are generally covered if they employ 50 or more employees for at least 20 workweeks in the current or preceding calendar year. The 20 workweeks need not be consecutive.
Public agencies, including federal, state, and local government employers, are covered regardless of their number of employees. Public and private elementary and secondary schools are also covered without regard to workforce size.
For private employers, the 50-employee count includes employees on payroll, including part-time and temporary workers, if an employment relationship exists. Separate legal entities may be treated as one employer in limited circumstances under FMLA regulations.
Private-Sector Employer Coverage
A private-sector employer is covered by the Family and Medical Leave Act when it employs 50 or more employees for at least 20 workweeks in the current or preceding calendar year.
The 20 workweeks do not need to be consecutive. Any week in which the employer has 50 or more employees for each working day counts toward coverage, including weeks with part-time or temporary employees.
Once an employer meets this threshold, its employees may qualify for FMLA leave if they satisfy the separate individual requirements. Employee eligibility for FMLA depends on both employer coverage and the employee’s length of service, work hours, and worksite location.
Public Agency and School Coverage
Public agencies are covered employers under the Family and Medical Leave Act, regardless of the number of people they employ. This differs from most private-sector employers, which generally must meet a workforce-size threshold.
Covered public agencies include government entities at the federal, state, county, and local levels, such as:
- Government departments and offices
- Municipalities and public boards
- Public health agencies and law enforcement entities
Public and private elementary and secondary schools are also covered by the FMLA without regard to employee count. This includes institutions operated by public agencies and qualifying private schools.
Employee eligibility for FMLA still depends on the individual employee meeting applicable service, hours-worked, and worksite requirements. Coverage of the employer does not automatically mean every employee qualifies for leave.
The 50-Employee Threshold
For private-sector employers, FMLA coverage generally applies when the employer has employed 50 or more employees for at least 20 workweeks in the current or preceding calendar year. The 20 weeks need not be consecutive.
Employees are counted if they appear on the payroll for any working day during a calendar workweek. This count may include full-time, part-time, temporary, and employees on paid or unpaid leave.
- The threshold is based on the employer’s total workforce, not only employees at one worksite.
- Separate locations may be considered together when they are part of the same employer.
- A workweek with 50 employees can count even if the number later falls below 50.
Meeting this employer-coverage standard does not automatically establish Employee eligibility for FMLA. The employee must also satisfy separate requirements concerning length of employment, hours worked, and, in many cases, the number of employees located within 75 miles.
The 12-Month Employment Requirement
An employee generally must have worked for the same covered employer for at least 12 months before becoming eligible for FMLA leave. The 12 months do not need to be consecutive.
Prior periods of employment usually count, including time before a break in service. However, an employer need not count employment before a continuous break of seven years or more, subject to limited exceptions.
Time worked before a break of seven years or longer may still count when the break resulted from National Guard or Reserve military service. It may also count if a written agreement or policy reflects the employer’s intent to rehire the employee.
For Employee eligibility for FMLA, the 12-month requirement is measured as of the date leave is scheduled to begin. Meeting this requirement alone does not establish eligibility; the employee must also satisfy the hours-of-service and worksite requirements.
Meeting the 1,250 Hours of Service Requirement
To qualify for FMLA leave, an employee generally must have worked at least 1,250 hours of service during the 12 months immediately before the leave begins. This requirement is separate from the 12-month employment requirement.
Hours of service generally include hours actually worked, as determined under Fair Labor Standards Act principles. Paid vacation, holidays, sick time, and other paid leave usually do not count toward the 1,250-hour total.
For employees who are not subject to federal overtime rules, employers must use a reasonable method to determine hours worked. Employers should maintain accurate time records, although the employer bears the burden of showing an employee has not met the requirement when records are inadequate.
Employee eligibility for FMLA is evaluated based on the hours completed before the first day of requested leave. Employees may review pay records, timesheets, or attendance records when estimating whether they meet the threshold.
The 50 Employees Within 75 Miles Requirement
To satisfy employee eligibility for FMLA, an employee must work at a location where the employer has at least 50 employees within 75 miles of that worksite.
The 75-mile distance is measured by surface miles using available transportation routes, such as roads, rather than a straight-line radius. Employees at the same facility and nearby worksites may be counted.
This requirement can affect workers at small, remote, or satellite offices, even when the employer employs 50 or more people overall. A large workforce in another city may not qualify if it is more than 75 surface miles away.
For employees with no fixed worksite, such as certain traveling sales employees, the relevant location is generally the office to which they report, receive assignments, or are assigned.
When Employee Eligibility for FMLA Is Determined
Employee eligibility for FMLA is generally determined as of the date the requested leave is scheduled to begin. This date controls whether the employee meets the applicable service, hours, and worksite requirements.
An employee may become eligible while still employed, even if they were not eligible when they first notified the employer of a possible need for leave. For example:
- An employee may reach 12 months of employment before leave starts.
- The employee may complete 1,250 hours of service during the preceding 12-month period.
- The employer’s workforce at the relevant worksite may meet the 50-employee requirement.
For Employee eligibility for FMLA, employers must provide an eligibility notice within five business days after an employee requests leave or the employer learns that leave may qualify under the FMLA. The notice should state whether the employee is eligible.
If circumstances change, such as a delayed leave start date, eligibility may need to be evaluated based on the new date leave begins.
Eligibility Differences for Airline Flight Crew Employees
Airline flight crew employees are subject to specialized FMLA eligibility standards because traditional hour-counting methods may not accurately reflect their work schedules. These rules generally apply to flight attendants and flight crew members employed by covered airlines.
To qualify, an eligible airline flight crew employee must have worked for the employer for at least 12 months and, during the preceding 12 months, meet one of these thresholds:
- Worked or been paid for at least 60 percent of the applicable monthly guarantee; or
- Worked at least 504 duty hours, excluding commute time and vacation, medical, or personal leave.
The 504 duty-hour standard replaces the usual 1,250 hours of service requirement for covered flight crew employees. Duty hours generally include time when the employee is on duty or otherwise required to be available for work.
Employee eligibility for FMLA also depends on employer coverage and the applicable worksite rules. Airlines should apply the statutory flight crew provisions when determining eligibility and provide the required eligibility notice after an employee requests leave.
How Employees Can Confirm Their FMLA Eligibility
Employees can confirm FMLA eligibility by contacting their human resources department or leave administrator before requesting time off. They should ask whether the employer is covered by the FMLA and whether their work location meets applicable staffing requirements.
Employees may also review their hire date, work records, and payroll information to determine whether they have worked for the employer for at least 12 months and completed 1,250 hours of service during the preceding 12 months.
When an employee gives notice of a potential FMLA-qualifying absence, the employer generally must provide an eligibility notice within five business days, absent extenuating circumstances. This notice states whether the employee is eligible for FMLA leave.
If the employee is not eligible, the employer must provide at least one reason why. Employees should retain copies of notices, leave requests, and supporting communications to address any questions about Employee eligibility for FMLA.
Requesting Eligibility Information From the Employer
Employees may ask their human resources department, supervisor, or designated leave administrator whether they meet the requirements for FMLA leave. A written request is often helpful because it creates a clear record of the inquiry and the information provided.
The employee can provide basic employment details, including their start date, work location, and anticipated leave date. They do not need to disclose a full medical diagnosis merely to ask about Employee eligibility for FMLA.
Employees should request clarification if they work remotely, recently transferred locations, or have variable schedules. These circumstances can affect how the employer evaluates the 1,250-hour requirement and the 50-employees-within-75-miles standard.
An employee may also ask for the employer’s FMLA policy, eligibility forms, and contact information for the person handling leave requests. This information can help the employee prepare a timely, properly documented request for leave.
Employer Notice Obligations
When an employee requests leave or an employer learns that leave may qualify under the FMLA, the employer must provide an eligibility notice within five business days, absent extenuating circumstances.
The notice must state whether the employee meets the basic requirements for Employee eligibility for FMLA. If the employee is not eligible, the employer must provide at least one reason, such as insufficient service time or hours worked.
If the employee is eligible, the employer must also provide a rights and responsibilities notice. This notice explains relevant obligations, including certification requirements, benefit continuation, employee premium payments, and any requirement to use paid leave concurrently.
After receiving sufficient information to determine whether leave is FMLA-qualifying, the employer must issue a designation notice within five business days. The designation notice informs the employee whether the leave will be counted as FMLA leave and may address required fitness-for-duty certification.
Key Steps to Take Before Requesting FMLA Leave
Review your employer’s FMLA policy, leave-request procedures, and any applicable collective bargaining agreement. Confirm employee eligibility for FMLA by considering your length of service, hours worked, worksite size, and the reason for leave.
Provide as much advance notice as practicable. When the need for leave is foreseeable, employees generally must give at least 30 days’ notice; otherwise, notice should be given as soon as practicable under the circumstances.
Gather supporting information before submitting a request. For medical leave, an employer may require a completed medical certification from a health care provider. Employees should provide enough information for the employer to determine whether the leave may qualify under the FMLA.
Submit the request through the employer’s designated process and retain copies of notices, forms, and communications. Employees should also respond promptly to requests for certification, clarification, recertification, or other required documentation.