FMLA Eligibility Checker 2026 — Do You Qualify for Family & Medical Leave?
Use the FMLA Eligibility Checker above to answer 6 quick questions and find out if you qualify for unpaid, job-protected leave under the federal Family and Medical Leave Act. The tool also checks if your state has a paid family and medical leave program with broader coverage.
FMLA Eligibility Checker
Answer a few questions to find out if you qualify for unpaid, job-protected leave under the federal Family and Medical Leave Act — and whether your state offers additional paid leave.
This tool provides a preliminary assessment of FMLA eligibility based on the federal Family and Medical Leave Act (29 U.S.C. §2601-2654) and its implementing regulations (29 CFR Part 825). It does not constitute legal advice.
Definitive eligibility depends on employer records, state-specific rules, and agency determinations. Some states have family and medical leave laws with broader coverage than federal FMLA, including lower employer-size thresholds and paid benefits.
For official guidance, contact the U.S. Department of Labor Wage and Hour Division (1-866-487-9243), your state's labor department, or your employer's HR department.
What Is the FMLA?
The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees of covered employers with up to 12 workweeks of unpaid, job-protected leave per 12-month period for specific family and medical reasons. The FMLA was enacted on February 5, 1993 and is codified at 29 U.S.C. §2601–2654, with implementing regulations at 29 CFR Part 825.
During FMLA leave, employers must maintain the employee’s group health insurance coverage under the same terms as if the employee had continued working. Upon return from leave, employees must be restored to the same position — or an equivalent position with equivalent pay, benefits, and working conditions.
The U.S. Department of Labor’s Wage and Hour Division administers and enforces FMLA. As of 2026, the core eligibility requirements, leave entitlements, and employer obligations remain unchanged from the original statute, though several DOL opinion letters and regulatory clarifications have been issued.
FMLA Eligibility Requirements
To qualify for FMLA leave, an employee must meet all three of the following requirements:
1. Covered Employer
The employee must work for a covered employer. Three types of employers are covered under FMLA:
Private-sector employers that employ 50 or more employees for at least 20 workweeks in the current or preceding calendar year. Public agencies — including federal, state, and local government employers — regardless of the number of employees. Public and private elementary and secondary schools, regardless of size.
For private-sector employers, the 50-employee threshold is measured within a 75-mile radius of the employee’s worksite. This means even if a large company employs thousands of people nationally, an employee at a small remote office with fewer than 50 colleagues within 75 miles may not be eligible.
2. Twelve Months of Employment
The employee must have worked for the employer for at least 12 months. The 12 months do not need to be consecutive — any period of employment counts as long as breaks in service do not exceed seven years (with exceptions for military obligations and written agreements).
3. 1,250 Hours of Service
The employee must have worked at least 1,250 hours during the 12-month period immediately preceding the start of leave. Only hours actually worked count toward this requirement — paid time off, holidays, sick leave, and other absences do not count. For context, 1,250 hours equals approximately 24 hours per week. Most full-time employees (working 40 hours/week) easily exceed this threshold.
Qualifying Reasons for FMLA Leave
Even if all three eligibility requirements are met, an employee can only take FMLA leave for specific qualifying reasons:
The employee’s own serious health condition that makes the employee unable to perform the essential functions of their job. This includes inpatient care, continuing treatment by a health care provider, pregnancy, and chronic conditions requiring periodic treatment.
Care for a family member with a serious health condition. The family member must be the employee’s spouse, child (of any age), or parent. In-laws, siblings, and grandparents are not covered under federal FMLA (though some state programs have broader definitions).
Birth of a child and bonding with the newborn. Both parents are eligible. Leave must be taken within 12 months of the birth.
Placement of a child for adoption or foster care and bonding with the newly placed child. Leave must be taken within 12 months of the placement.
Qualifying exigency related to a family member’s military service. This includes short-notice deployment, military events, childcare and school activities, financial and legal arrangements, counseling, rest and recuperation, post-deployment activities, parental care, and additional activities agreed upon by the employer and employee.
Military caregiver leave. An eligible employee who is the spouse, child, parent, or next of kin of a covered service member with a serious injury or illness may take up to 26 workweeks of leave in a single 12-month period.
How Many Weeks of FMLA Leave Can You Take?
For most qualifying reasons, eligible employees may take up to 12 workweeks of unpaid leave per 12-month period. The 12-month period can be calculated in one of four ways, determined by the employer: the calendar year, a fixed leave year (such as the fiscal year or employment anniversary), the 12-month period measured forward from the first day of FMLA leave, or a rolling 12-month period measured backward from the date leave is used.
For military caregiver leave, the entitlement is up to 26 workweeks in a single 12-month period.
FMLA leave can be taken continuously (for example, 12 weeks straight for surgery and recovery) or intermittently (for example, one day per week for recurring chemotherapy treatments) when medically necessary.
Is FMLA Leave Paid or Unpaid?
Federal FMLA leave is unpaid. However, employees may — and employers may require employees to — substitute accrued paid leave (such as vacation, sick leave, or PTO) for unpaid FMLA leave.
Importantly, 15 states plus the District of Columbia now operate state-funded paid family and medical leave (PFML) programs that provide partial wage replacement during qualifying leave. These state programs often run concurrently with FMLA, meaning an eligible employee can receive both FMLA job protection and state-funded wage replacement at the same time.
States with Paid Family & Medical Leave Programs (2026)
California — PFL + SDI: Up to 8 weeks bonding/caregiving at 60–90% wages (max $1,765/week). CFRA covers employers with 5+ employees.
Colorado — FAMLI: Up to 12 weeks paid (16 for pregnancy complications). All employers participate. Max $1,381/week.
Connecticut — CT Paid Leave: Up to 12 weeks paid. Covers employers of 1+ employees. Max $981/week.
Delaware — PFML: Phased rollout. Parental leave begins 2026. Medical/caregiving begins 2027. Max $900/week.
District of Columbia — DC Paid Family Leave: 12 weeks parental, 12 weeks medical, 12 weeks family. Max $1,118/week.
Hawaii — TDI: Up to 26 weeks for own disability. Max $765/week. No family leave component.
Maine — PFML: Begins May 1, 2026. Up to 12 weeks paid. Max $1,188/week.
Maryland — FAMLI: Benefits begin July 1, 2026. Up to 12 weeks. Max $1,000/week.
Massachusetts — PFML: Up to 20 weeks medical + 12 weeks family (26 combined max). Max $1,230/week.
Minnesota — Paid Leave: Up to 12 weeks medical + 12 weeks family (20 combined max). Launched Jan 2026. Max $1,423/week.
New Jersey — FLI + TDI: 12 weeks bonding/caregiving + 26 weeks own disability. Max $1,055/week.
New York — PFL + DBL: 12 weeks at 67% wages + 26 weeks own disability. Covers employers of 1+ employees. Max $1,177/week.
Oregon — Paid Leave: 12 weeks paid (+ 2 for pregnancy). Covers employers of 1+ employees. Max $1,523/week.
Rhode Island — TCI + TDI: Up to 6 weeks caregiving + 30 weeks own disability. Max $1,070/week.
Washington — PFML: Up to 12 weeks family + 12 weeks medical (16 combined, 18 with pregnancy). Job protection expanded to employers with 25+ employees in 2026. Max $1,647/week.
These state programs often have broader coverage than FMLA — many cover smaller employers, have lower tenure requirements, and provide paid benefits. Employees who do not qualify for federal FMLA may still qualify for their state’s program.
What If You Don't Qualify for FMLA?
If you do not meet the federal FMLA eligibility requirements, you may still have leave options:
Your state paid leave program may provide coverage even if FMLA does not. Many state programs cover employers with fewer than 50 employees and have lower tenure requirements.
Your employer’s voluntary leave policies may provide paid or unpaid leave beyond what the law requires. Check your employee handbook or ask HR.
The Americans with Disabilities Act (ADA) may require your employer to provide reasonable accommodations — which can include leave — for a qualifying disability, regardless of employer size (for employers with 15+ employees).
Some states have their own family leave laws with lower thresholds than FMLA. For example, California’s CFRA covers employers with 5+ employees, and several states have expanded coverage in 2026.
Frequently Asked Questions
Am I eligible for FMLA if I work part-time?
You may be eligible if you meet all three requirements: 12 months of employment, 1,250 hours worked in the past 12 months, and a covered employer with 50+ employees within 75 miles. Part-time employees working at least 24 hours per week will typically meet the 1,250-hour threshold. There is no minimum hours-per-week requirement — only the total hours worked over 12 months matters.
Can I take FMLA leave for mental health?
Yes. A serious mental health condition — such as clinical depression, anxiety disorder, PTSD, bipolar disorder, or schizophrenia — qualifies for FMLA leave if it involves inpatient care or continuing treatment by a health care provider. The DOL has confirmed that mental health conditions are treated the same as physical health conditions under FMLA.
Can I take FMLA leave to care for a parent-in-law?
No. Federal FMLA defines “parent” as a biological, adoptive, step, or foster parent, or someone who stood in loco parentis when the employee was a child. In-laws, grandparents, siblings, aunts, uncles, and other relatives are not covered under federal FMLA — though some state programs define family members more broadly.
Can I be fired while on FMLA leave?
An employer cannot fire you specifically because you took or requested FMLA leave — that constitutes retaliation and is illegal. However, an employer can terminate you during FMLA leave for reasons unrelated to the leave (such as a company-wide layoff or a pre-existing performance issue documented before the leave request). If you believe you were fired in retaliation for taking FMLA leave, you can file a complaint with the DOL Wage and Hour Division.
Does FMLA apply to remote workers?
Yes. For remote workers, the “worksite” for FMLA purposes is the office to which the employee reports or from which assignments are made — not the employee’s home. If that office has 50+ employees within 75 miles, the remote worker may be eligible for FMLA. This was clarified in DOL guidance and is particularly relevant as remote work has become more common.
How does FMLA interact with state paid leave programs?
For employees who qualify for both FMLA and a state PFML program, the two typically run concurrently. This means the employee receives FMLA job protection (federal) and paid wage replacement (state) at the same time. The leave periods overlap — you do not get 12 weeks of FMLA plus an additional 12 weeks of state leave. However, state programs that provide leave for reasons not covered by FMLA (such as caring for a grandparent or sibling) may provide additional leave beyond what FMLA offers.
Can I take FMLA leave intermittently?
Yes, when medically necessary. Intermittent leave allows employees to take leave in separate blocks of time — such as a few hours per week for recurring treatment or one day per month for chronic condition management — rather than one continuous block. Employers may temporarily transfer an employee to an equivalent position that better accommodates intermittent leave. For birth or placement of a child, intermittent leave is available only with the employer’s agreement.
Related Resources on RemoteLaws
- Complete FMLA Guide (2026) — Full guide to FMLA requirements, qualifying reasons, employer obligations, and how to file a complaint.
- Exempt vs. Non-Exempt Employees — Understanding how your job classification affects overtime and leave eligibility.
- Fair Labor Standards Act (FLSA) — The federal law governing minimum wage, overtime, and hours of work.
- Paid Leave Laws by State — Detailed paid leave laws for all 50 states.
- Employment Laws by State — Complete employment law guides for every state.
- Overtime Pay Calculator — Calculate your overtime pay based on your state’s rules.
- Salary to Hourly Calculator — Convert your annual salary to an hourly rate.