Am I Eligible for FMLA? 5 Key Questions to Ask

Introduction

The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year. But here's the catch: **not everyone qualifies**. Before you submit that leave request, make sure you can answer "yes" to these five key questions.

The 5 Eligibility Requirements

### 1. Does My Employer Have 50+ Employees?

FMLA only applies to employers with **50 or more employees** within a 75-mile radius of your worksite. This includes: - Private-sector companies - Public agencies (federal, state, local government) - Public and private elementary/secondary schools

**Tip:** If your employer has fewer than 50 employees, check if your state has its own family leave law with broader coverage.

### 2. Have I Worked Here for 12 Months?

You must have been employed by your current employer for at least **12 months** (not necessarily consecutive). Seasonal work counts toward this total if you're returning to the same employer.

### 3. Have I Worked 1,250 Hours in the Past Year?

In the 12 months before your leave starts, you must have worked at least **1,250 hours** for this employer. That's roughly: - 24 hours per week, or - About 6 months of full-time work

**Note:** Time spent on paid or unpaid leave doesn't count toward these hours, but it doesn't break your employment tenure either.

### 4. Do I Work at or Near a Covered Location?

Your worksite must have 50 or more employees within 75 miles. Remote workers are typically assigned to the office they report to.

### 5. Is My Reason Covered by FMLA?

FMLA covers: - Birth and bonding with a new child - Placement of a child for adoption or foster care - Caring for a spouse, child, or parent with a serious health condition - Your own serious health condition - Military family leave (qualifying exigency or caregiver leave)

What If I Don't Qualify?

If you don't meet FMLA requirements, you may still have options: - **State leave laws:** Many states have broader coverage - **Company policies:** Your employer may offer leave beyond FMLA - **ADA accommodations:** If you have a disability, you may qualify for reasonable accommodations

Conclusion

Before requesting FMLA leave, verify that you meet all five requirements. If you're unsure, talk to your HR department—they can confirm your eligibility and guide you through the process.

**Ready to find your form?** Use our [FMLA Form Finder](/forms) to get the right certification form for your situation.

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