Federal FMLA employee eligibility

Short answer

Under the general federal FMLA rules, an employee must work for a covered employer and meet all three employee tests:

1. At least 12 months of employment with that employer.

2. At least 1,250 hours of service during the 12 months immediately before leave begins.

3. Employment at a worksite where the employer has at least 50 employees within 75 miles.

Details that change the answer

The employment months need not be consecutive; prior service and long breaks have counting rules. The hours test generally counts work under FLSA principles rather than paid leave. USERRA-covered military service has crediting rules, and airline flight crew employees have special hours requirements. Worksite rules and state leave protections need separate checks.

Scope

Employee eligibility is separate from whether the employer is covered, whether the reason qualifies for leave, and how much leave remains. Identify those facts and the proposed leave start date before deciding an individual request. Do not paste medical details into this chat.