FMLA eligibility is strict logic, not judgment: four conditions, all required. The expensive mistakes happen on both sides, granting protections that do not apply and, worse, treating a “not eligible” as “no obligation.”
This tool applies the general federal FMLA eligibility tests for planning purposes. It is not legal advice and does not decide any specific leave request; eligibility details (hours counting, joint employment, worksite definitions) have technical rules that individual cases can turn on.
An employee is FMLA-eligible only if the employer is covered, the employee has 12 months of employment, has worked 1,250 hours of service in the prior 12 months, and works at a site with 50 employees within 75 miles. Miss any one and FMLA does not apply, which is why the tool runs them as strict AND logic.
Not FMLA-eligible does not mean no leave obligation. The ADA can require leave as a reasonable accommodation with no hours threshold, workers' comp has its own track, and your own policies can create enforceable promises. The most expensive FMLA mistakes are actually ADA mistakes made after a correct FMLA denial.
The 1,250 hours are hours actually worked, not hours paid: PTO, holidays, and most leave do not count. If hours are not tracked for the employee, the burden problem lands on the employer, which is why “not sure” routes to review rather than denial.
Check the timing carefully: eligibility is measured when the leave starts, not when it is requested, and an employee who will hit 12 months mid-leave may become eligible for the portion after that date. Denying without checking is a common and avoidable error.
Maybe not to every employee. The 50-within-75-miles test is per worksite, so an employee at a remote 5-person office more than 75 miles from other locations may not be eligible even though the company is covered. Run the test per employee, not per company.
This is the single highest-risk moment in leave management. Automatic termination at FMLA exhaustion is an ADA claim pattern; additional unpaid leave can itself be a reasonable accommodation. Run the ADA interactive process before any separation decision.
Use the certification and designation process consistently. Skipping designation notices creates the worst outcome: leave that counted against nothing, protections that never formally started, and an employee who can credibly claim they were never told the rules.
Book a no-cost 30-minute consult. Bring your result, and leave with a straight read on the risk and a practical next step.