Eligibility Requirements For FMLA Leave

3/7/2026

An employer is required to offer FMLA leaves if:

• It is a private-sector employer with 50 or more employees in 20 or more workweeks in the current or previous calendar year
• It is a public agency (regardless of the number of employees)
• It is a public or private elementary or secondary school (regardless of the number of employees)

To be eligible for FMLA leave, an employee must:

• Work for a covered employer (see above)
• Have worked for the employer for at least 12 months (not necessarily consecutive)
• Have at least 1,250 hours of service during the 12 months prior to the start of the leave. Note that paid time off does not count toward the 1,250 hours
• Work at a location where the employer has at least 50 employees within 75 miles

Further, employers must inform employees of their FMLA rights and responsibilities, notify employees if they are eligible for FMLA leave within 5 business days of a request, and provide a written notice once FMLA leave is approved or denied. Ensuring these protocols are followed is essential for human resources compliance and is a key duty for an HR Generalist. Note: This is an excerpt from our FMLA Training & Certification Program.