FMLA Employee Eligibility Checker
Answer a few questions to review whether an employee may meet the basic federal FMLA eligibility requirements.
Important FMLA Eligibility Disclaimer
This Employee Eligibility Checker is provided for general educational and informational purposes only. Completing this tool does not determine, certify, guarantee, approve, or deny an employee's eligibility for leave under the Family and Medical Leave Act (FMLA) or any other federal, state, or local law.
Results are based solely on the information entered and may not account for all facts, employer policies, collective bargaining agreements, state leave laws, local leave requirements, or unique employment circumstances.
Use of this tool does not create an attorney-client relationship, consultant-client relationship, or any legal obligation between Fralick's Benefit Consulting and the user. This tool should not be relied upon as legal advice or as a substitute for qualified legal counsel.
Is the employer covered under FMLA?
Private employers generally need 50 or more employees. Public agencies and schools may also be covered.
Has the employee worked for the employer for at least 12 months?
The 12 months do not always have to be consecutive, but this should be reviewed carefully.
Has the employee worked at least 1,250 hours in the previous 12 months?
This is based on hours actually worked during the 12 months before FMLA leave begins.
Does the employee work at a location with 50 employees within 75 miles?
For remote employees, review the worksite they report to or receive assignments from.
What is the reason for leave?
Select the main reason the employee is requesting leave.
Has the employee already used FMLA during the current 12-month period?
Prior leave may reduce the amount of FMLA available.
Is this a military caregiver leave request?
Military caregiver leave may allow up to 26 workweeks in a single 12-month period.
Is pregnancy, prenatal care, or pregnancy-related incapacity involved?
Pregnancy-related incapacity and prenatal care may qualify under FMLA when eligibility requirements are met.
Download the Employer Eligibility Checklist
Use this checklist to review employee eligibility, required notices, documentation, leave tracking, and common process gaps.
Get the ChecklistHow FMLA Employee Eligibility Works
Employee eligibility is one of the most important steps in the FMLA process. Before approving or denying FMLA leave, employers should review whether the employer is covered, whether the employee has enough service time, whether the employee has worked enough hours, whether the worksite requirement is met, and whether the leave reason may qualify.
This tool is designed to help HR teams organize the initial review. It does not replace legal advice or the employer’s formal FMLA notice process.
Common Eligibility Review Factors
- Covered employer status
- 12 months of employment
- 1,250 hours worked in the previous 12 months
- 50 employees within 75 miles of the worksite
- Qualifying leave reason
- Prior FMLA leave used
- Military caregiver or qualifying exigency leave
- Pregnancy-related leave considerations
Eligibility Is Only One Part of Leave Administration
Even when an employee is eligible for FMLA, employers can still experience gaps in notices, documentation, payroll coordination, benefits continuation, return-to-work workflows, ADA coordination, and recordkeeping.
A FLARE™ Assessment helps employers find hidden process gaps, locate administrative risk, analyze current workflows, recommend practical improvements, and elevate the overall leave experience.
Want to Find Hidden FMLA Process Gaps?
A complimentary FLARE™ Discovery Assessment can help identify where eligibility tracking, notices, documentation, payroll, benefits, and leave administration may need improvement.
Schedule a Free FLARE™ Discovery Assessment