Employer Leave Administration SOP 02

How to Determine FMLA Eligibility

A practical employer workflow for reviewing whether an employee appears eligible for federal FMLA leave before moving into certification, designation, payroll, benefits, and leave tracking.

Version 1.0 Estimated Read Time: 9 Minutes Last Updated: July 3, 2026

Why This SOP Matters

FMLA eligibility is one of the first decisions employers must review after learning that an employee may need protected leave. Under federal FMLA rules, an eligible employee generally must work for a covered employer, have worked for the employer for at least 12 months, have at least 1,250 hours of service during the 12 months before leave begins, and work at a location where the employer has at least 50 employees within 75 miles.

Employers also have notice obligations. The U.S. Department of Labor states that an employer generally must provide an eligibility notice within five business days of the initial leave request or when the employer learns the leave may be for an FMLA-qualifying reason. If the employee is not eligible, the notice must state at least one reason why.

The purpose of this SOP is to help employers review FMLA eligibility consistently, document the decision, and route the leave request into the correct next step.

SOP Workflow

Step 1

Confirm Whether the Employer Is Covered by FMLA

Before reviewing employee eligibility, confirm whether the employer is covered by federal FMLA. Private-sector employers are generally covered if they employ 50 or more employees in 20 or more workweeks in the current or preceding calendar year. Public agencies and public or private elementary and secondary schools are also covered employers.

  • Confirm total employee count.
  • Confirm whether the 20-workweek threshold applies.
  • Review whether the employer is a public agency or covered school.
  • If the employer is not covered by FMLA, review state leave, ADA, company policy, STD, workers’ compensation, or other applicable processes.
Step 2

Confirm 12 Months of Employment

Review whether the employee has worked for the employer for at least 12 months as of the date FMLA leave is scheduled to begin. The 12 months do not always have to be consecutive, so HR should review the employee’s full employment history.

  • Check the employee’s original hire date.
  • Check rehire dates, breaks in service, and prior periods of employment.
  • Confirm whether the employee will reach 12 months by the leave start date.
  • Document the employment dates used in the eligibility review.
Step 3

Review the 1,250 Hours Requirement

Determine whether the employee worked at least 1,250 hours of service during the 12-month period immediately before the leave start date. This review should be based on actual hours worked, not simply scheduled hours.

  • Pull payroll or timekeeping records for the 12 months before the leave start date.
  • Review actual hours worked.
  • Do not assume full-time status automatically satisfies the requirement.
  • Document the calculation and source used.
Step 4

Apply the 50 Employees Within 75 Miles Rule

Confirm whether the employee works at a location where the employer has at least 50 employees within 75 miles. This is especially important for remote employees, satellite offices, multi-state employers, and smaller worksites.

  • Identify the employee’s official worksite.
  • Review nearby locations within 75 miles.
  • Confirm the employee count connected to that worksite.
  • Document the worksite determination, especially for remote or hybrid employees.
Step 5

Check Available FMLA Entitlement

Eligibility does not always mean the employee has a full 12 weeks available. HR should review the employer’s FMLA leave year method and determine whether the employee has already used FMLA during the applicable 12-month period.

  • Confirm the employer’s FMLA leave year method.
  • Review prior FMLA usage during the applicable period.
  • Calculate the remaining available entitlement.
  • Confirm whether the leave is continuous, intermittent, or reduced schedule.
Step 6

Issue the Eligibility and Rights & Responsibilities Notice

After the initial review, provide the employee with the appropriate FMLA eligibility notice and rights and responsibilities information. If the employee is not eligible, state at least one reason why.

  • Provide the eligibility notice within the required timeframe.
  • Explain whether the employee is eligible or not eligible.
  • If not eligible, identify the reason, such as insufficient tenure, insufficient hours, or worksite threshold.
  • Provide rights and responsibilities information when required.
  • Track whether certification will be requested and the deadline for return.

Common FMLA Eligibility Mistakes

These mistakes often create confusion, delays, or inconsistent leave administration.

  • Assuming an employee is eligible because they are full-time.
  • Forgetting to check actual hours worked during the 12 months before leave begins.
  • Failing to review the employee’s official worksite for remote or multi-location employees.
  • Not documenting why an employee was found ineligible.
  • Missing the eligibility notice deadline.
  • Confusing FMLA eligibility with STD approval.
  • Assuming an employee has 12 weeks available without reviewing prior FMLA usage.
  • Failing to review state leave laws when federal FMLA does not apply.

FLARE™ Process Check

Ask these questions to determine whether your FMLA eligibility process is consistent and documented.

  • Do you have a standard FMLA eligibility checklist?
  • Can HR quickly confirm employer coverage?
  • Can HR verify 12 months of employment without manual confusion?
  • Can HR pull accurate 1,250-hour reports?
  • Do you document the 50 employees within 75 miles review?
  • Do you track the employee’s remaining FMLA entitlement?
  • Do you issue eligibility notices consistently and on time?
  • Do you review state leave or ADA options when FMLA does not apply?

Want Help Reviewing Your FMLA Eligibility Process?

Fralick’s Benefit Consulting helps employers review FMLA eligibility workflows, documentation practices, notice timing, payroll coordination, benefits tracking, and leave administration processes.

Request a FLARE™ Discovery

Last updated: July 3, 2026. This page is for general employer education and process improvement purposes only and does not replace legal advice. Employers should review applicable federal, state, local, and company-specific requirements.