FMLA (Family Medical Leave Act) Basic Eligibility Guidelines

FMLA applies to all:

  • public agencies, including State, local and Federal employers, and local education agencies (schools); and,
  • private sector employers who employ 50 or more employees for at least 20 workweeks in the current or preceding
    calendar year - including joint employers and successors of covered employers.


To be eligible for FMLA leave, an employee must work for a covered employer (see above) and:

  • have worked for that employer for at least 12 months; and
  • have worked at least 1,250 hours during the 12 months prior to the start of the FMLA leave; and,
  • work at a location where at least 50 employees are employed at the location or within 75 miles of the location.

View more FMLA compliance information from the US Department of Labor website by