FMLA Eligibility Cheat Sheet for HR Teams

1/30/2026

For any HR team, determining eligibility is the critical first step in the Family and Medical Leave Act (FMLA) process. It’s the gateway to ensuring FMLA compliance, and getting it wrong can lead to significant consequences. Incorrectly denying leave to an eligible employee is a direct violation of their rights, while mistakenly granting FMLA protection to an ineligible one can create operational headaches and set unsustainable precedents.

This guide is designed to be the ultimate FMLA eligibility cheat sheet for HR professionals. We will break down the multi-layered eligibility requirements for both employers and employees, providing the clarity needed to make accurate determinations every time. We'll explore common-edge cases—like how to handle remote workers, rehires, and fluctuating employee counts—and provide a quick-reference summary to support your day-to-day decisions. Mastering these rules is fundamental to effective employee leave management and protecting your organization from costly compliance errors.

The Two-Sided Coin of FMLA Eligibility

FMLA eligibility is not just about the employee; it's a two-part test that first looks at the employer and then at the individual employee. Both sides of the coin must meet the specific criteria defined by the law. Only when an eligible employee works for a covered employer can the FMLA process officially begin. Let's break down each side in detail.

Part 1: Is Your Organization a "Covered Employer"?

Before you even look at an employee’s record, you must first confirm that your organization is required to offer FMLA leave. The law does not apply to all businesses, and understanding your status is the foundational question.

The 50-Employee Threshold

The primary test for employer coverage centers on size. A private-sector employer is a "covered employer" under the FMLA if it employs 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year.

This definition is more complex than it first appears. Here’s how to break it down:

The 50-Employee Count: You must reach the 50-employee mark for 20 workweeks. These weeks do not need to be consecutive.
The Look-Back Period: You should review both the current calendar year and the entire previous calendar year. If you met the threshold in 2024, you are a covered employer in 2025, even if your headcount has since dropped below 50. Once an employer is covered, it remains covered for the rest of that year and the entire following year.
Who to Count: You must include all employees on your payroll, including:

Full-time employees.
Part-time employees.
Employees on paid or unpaid leave (like vacation, sick leave, or even FMLA leave), as long as they are expected to return.
Temporary employees if they are on your company's payroll.

Important Note: Do not count temporary workers sourced from a staffing agency who are not on your payroll. They are counted as employees of the staffing agency.

Common Questions About Employer Coverage

HR professionals frequently encounter tricky scenarios when determining if their firm is subject to the FMLA.

"What if our employee count fluctuates?"
This is precisely what the "20 workweeks" rule is designed to address. If your headcount regularly dips below 50, you need to look at your payroll records for the current and prior year. Did you have 50 or more employees on the payroll for at least 20 weeks? If so, you are covered. AnFMLA training program can provide detailed guidance on this calculation.
"We are part of a larger corporation. How does that work?"
The concept of an "integrated employer" is important here. If two or more businesses are sufficiently integrated, they may be treated as a single employer for counting employees. The Department of Labor looks at factors like common management, interrelation of operations, centralized control of labor relations, and common ownership. If your 30-person office is an integrated part of a 1,000-person parent company, you are likely considered a single, covered employer.
"How do we handle joint employment?"
If you use temporary employees from a staffing agency, you may be considered a "joint employer." Both the staffing agency and your company share responsibility for FMLA compliance. In this case, you would count the temporary employees toward your 50-employee threshold.

A detailed analysis is often needed, but you can find more guidance on the question, "Is My Firm Subject To FMLA?".

Part 2: Is the Employee Eligible for FMLA?

Once you’ve confirmed you are a covered employer, the focus shifts to the employee. An employee must meet three specific tests to be eligible for FMLA leave. They must meet all three at the time their leave is set to begin.

The Three Tests for Employee Eligibility

The 12-Month Service Requirement: The employee must have worked for the employer for at least 12 months.
The 1,250-Hour Service Requirement: The employee must have worked at least 1,250 hours during the 12-month period immediately preceding the start of the leave.
The 50/75 Worksite Requirement: The employee must work at a location where the employer has at least 50 employees within a 75-mile radius.

Let's explore the nuances of each of these requirements.

Test 1: The 12-Month Service Requirement

This test seems simple, but it has some important details.

Non-Consecutive Months: The 12 months of service do not have to be consecutive. An employee who worked for you for six months in 2022 and was rehired for another six months in 2024 would meet this requirement.
The Seven-Year Rule: As a general rule, you are not required to count employment periods that occurred more than seven years before the employee's most recent date of hire. However, if the break in service was due to military service obligations or governed by a collective bargaining agreement, you must count that prior service regardless of the seven-year gap.

Scenario: An employee worked for you for 10 years, from 2005 to 2015. She left and was rehired in 2024. Does her prior service count? No. Because her break in service was more than seven years, the clock on her 12 months of service resets.

Test 2: The 1,250-Hour Service Requirement

This is often the most challenging requirement for HR professionals to calculate.

The Look-Back Period: The 1,250 hours must have been worked in the 12 months immediately before the date the FMLA leave is scheduled to begin.
What Counts as "Hours Worked": This is the key. The term is based on the principles established by the Fair Labor Standards Act (FLSA). Only actual hours worked count. This means you do not include:

Paid time off (vacation, sick days, personal days).
Unpaid leave.
Holidays.
Time spent on FMLA leave.

Calculating Hours for Different Employee Types:

For non-exempt, hourly employees: This is straightforward. You simply review their timecards or payroll records for the preceding 12 months and sum the hours worked.
For exempt, salaried employees: This is more difficult, as you typically don't track their hours. The burden of proof is on the employer to show the employee has not met the 1,250-hour requirement. If you do not have accurate records of hours worked for an exempt employee, you must assume they have met the threshold if they have been employed for at least 12 months.

Scenario: A part-time employee works 20 hours per week. After a year, has she met the 1,250-hour requirement? No. 20 hours/week x 52 weeks = 1,040 hours. She would not be eligible. This is a crucial calculation for FMLA eligibility.

Test 3: The 50/75 Worksite Requirement

This test links the employee's worksite to the employer's size, and it is a common point of confusion, especially with the rise of remote work.

The Rule: The employee must work at a location where the employer has 50 or more employees, or there must be at least 50 company employees within a 75-mile radius of that worksite.
Defining the "Worksite" for Remote Employees: For employees who work from home, their "worksite" for FMLA purposes is the office to which they report or from which their assignments are made.

Scenario: Your company has a headquarters in Chicago with 200 employees. You also have a small satellite office in a rural town with only 10 employees. An employee at the rural office requests leave. Is he eligible? No. Although the company is a covered employer, this employee does not work at a location with 50 employees within a 75-mile radius.

Remote Worker Scenario: Your company has a main office in Atlanta with 100 employees. An employee works full-time from his home in a suburb 30 miles away and reports to a manager at the Atlanta office. Is he eligible (assuming he meets the other tests)? Yes. His worksite is the Atlanta office, which meets the 50/75 rule.

The FMLA Eligibility Cheat Sheet

Use this quick-reference chart to guide your initial assessment of any FMLA request.

Eligibility Question	FMLA Requirement	HR Team Checklist & Key Considerations
Is the Employer Covered?	Employs 50+ employees for 20+ workweeks in the current or preceding year.	☐ Review payroll records for the current and prior calendar year. ☐ Count all full-time, part-time, and on-leave employees. ☐ Consider integrated employer and joint employer rules.
Has the Employee Worked 12 Months?	At least 12 months of service (can be non-consecutive).	☐ Review hire date and rehire dates. ☐ Count prior service unless there was a break of 7+ years (with exceptions for military service).
Has the Employee Worked 1,250 Hours?	At least 1,250 hours worked in the 12 months before leave begins.	☐ Sum actual hours worked from timecards for non-exempt staff. ☐ Do NOT include any paid or unpaid time off. ☐ For exempt staff, assume the threshold is met if you don't have precise records proving otherwise.
Does the Employee Meet the Worksite Rule?	Works at a site with 50+ employees within a 75-mile radius.	☐ Count the number of employees at the employee's worksite. ☐ If under 50, draw a 75-mile radius and count all company employees within it. ☐ For remote workers, their worksite is the office to which they report.

Notifying the Employee of Their Eligibility Status

Once you have completed your analysis, you must communicate the decision to the employee. This is not just a courtesy; it's a legal requirement.

Within five business days of the employee’s request, you must provide them with a Notice of Eligibility (Form WH-381).

If Eligible: The notice confirms their FMLA eligibility.
If Ineligible: The notice must state that they are not eligible and provide at least one specific reason why (e.g., "You have not met the 1,250-hour service requirement.").

Failing to provide this notice on time is a violation and can prevent you from taking action against the employee later. Diligently following theFMLA notice requirements is a cornerstone of FMLA compliance.

The Value of Expertise in FMLA Eligibility

Determining FMLA eligibility is a detailed and technical process where precision matters. This cheat sheet provides a strong foundation, but complex scenarios will always arise. This is why specialized FMLA certification is so valuable for HR teams. A certified FMLA administrator has the in-depth knowledge to navigate these gray areas with confidence, ensuring that every eligibility determination is accurate, defensible, and fully compliant with the law. By investing in this expertise, you protect your organization and ensure your employees’ rights are always respected.