FMLA for Part-Time Employees: Are You Eligible?

Introduction

Part-time employees often assume they don't qualify for FMLA. That's not necessarily true. The key question isn't whether you're "part-time"—it's whether you've worked enough hours.

The 1,250 Hours Requirement

To be eligible for FMLA, you must have worked at least **1,250 hours** in the 12 months before your leave begins.

Let's break that down:

| Weekly Hours | Annual Hours | Eligible? | |-------------|--------------|----------| | 40 hours | 2,080 hours | Yes | | 30 hours | 1,560 hours | Yes | | 25 hours | 1,300 hours | Yes | | 24 hours | 1,250 hours | Yes (exactly) | | 20 hours | 1,040 hours | No | | 15 hours | 780 hours | No |

**Bottom line:** You need to average about 24 hours per week to qualify.

Calculating Your Hours

Count all hours actually worked: - Regular hours - Overtime - Hours before a schedule change

**Don't count:** - Paid time off - Holidays you didn't work - Previous FMLA leave

**Tip:** Request your hours report from HR or payroll. They must provide it upon request.

Variable Schedules

If your hours fluctuate: - Add up all hours worked in the last 12 months - Include busy seasons and slow periods - Every hour counts, even partial shifts

What If You're Close?

If you're just under 1,250 hours: - Pick up extra shifts before your leave date if possible - Check if your employer's policy is more generous - Look into state leave laws (many have lower thresholds)

State Laws with Better Coverage

Some states protect part-time workers who don't meet federal FMLA:

• **California CFRA**: Lower hours threshold
• **Oregon**: Covers more workers
• **New York PFL**: No hours minimum for wage replacement

Check our [State Leave Laws](/states) page for your state.

If You Don't Qualify

Options to explore: - **Employer-specific policies**: Some offer leave beyond FMLA - **ADA accommodations**: If you have a disability - **Unpaid personal leave**: Not protected, but may be available - **Short-term disability**: If your condition qualifies

Conclusion

Don't assume you're ineligible just because you're part-time. Do the math—if you've worked 1,250 hours in the past year, you have the same FMLA rights as full-time employees.

**Need your form?** Use our [Form Finder](/forms) to get started.

*LEGAL DISCLAIMER: The information provided on this website is for general informational purposes only and is not intended to be legal advice. Nothing on this site should be taken as legal advice for any individual case or situation. Consult with a qualified employment attorney for guidance specific to your circumstances.*