FMLA analysis starts with two separate questions: is the employer covered, and is this employee eligible? This checker keeps employer type and size separate from the employee's 50-within-75-miles test.
This tool applies the general federal FMLA coverage and eligibility tests for planning purposes. It is not legal advice and does not decide a leave request. Public agencies and elementary or secondary schools are covered regardless of size, but their employees must still satisfy the individual eligibility tests, including 50 employees within 75 miles.
A private-sector employer is generally covered when it employed 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 covered regardless of employee count. Coverage does not by itself make every employee eligible.
An employee of a covered employer generally must have 12 months of employment, 1,250 hours of service in the prior 12 months, and a worksite where the employer has at least 50 employees within 75 miles. Public-agency and school employees must satisfy these individual tests too.
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.
FMLA exhaustion does not end the analysis. Depending on the facts, additional unpaid leave may be a reasonable accommodation under the ADA. Review the accommodation process and other applicable obligations before any separation decision.
Use the certification and designation process consistently. Once enough information is available, the employer generally must issue a written designation notice within five business days, absent extenuating circumstances. A late designation may be applied retroactively with appropriate notice when the delay caused no harm or injury; get individualized review before relying on that rule.
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