The Family and Medical Leave Act (FMLA) provides eligible employees of covered employers with job-protected leave for qualifying family and medical reasons.
Applying it correctly requires more than counting an employee’s anniversary date. Clear policies, accurate records, and informed managers help organizations respond consistently to leave requests.
Start with Coverage and Eligibility
Under the general federal rules, covered private employers have at least 50 employees for each working day in at least 20 calendar workweeks in the current or preceding calendar year. Public agencies and public and private elementary and secondary schools are covered regardless of size. Employer coverage and an individual employee’s eligibility are separate questions. See 29 CFR § 825.104.
An employee generally must have at least 12 months of employment, at least 1,250 hours of service in the 12 months immediately before leave begins, and a worksite where the employer has at least 50 employees within 75 miles. Special hours rules apply to airline flight crew employees, and USERRA-covered military service can affect the service calculations. See the Department of Labor’s FMLA overview.
Count Service Carefully
The 12 months of employment need not be consecutive. Employment before a break of seven years or more generally need not be counted, but exceptions apply for USERRA-covered service and certain written rehire agreements. The rule is not an automatic reset in every case. The regulations also address how weeks on the payroll count and treat 52 weeks as 12 months for intermittent, occasional, or casual employment. Meeting the months-of-service test alone does not establish full FMLA eligibility. See 29 CFR § 825.110.
For example, Gina worked for an employer for eight months, was laid off for six months, and then worked another six months after being rehired. She has more than 12 months of employment for that part of the test. HR must still check the hours-of-service requirement, worksite requirement, employer coverage, and qualifying reason before deciding whether the requested leave is FMLA-protected.
Evaluate Eligibility at the Right Time
Employees can request foreseeable leave before they become eligible. The months and hours requirements are assessed when FMLA leave is to begin; the 50-employees-within-75-miles test is assessed when the employee gives notice of the need for leave. A request before the first work anniversary should therefore prompt a careful review, not an automatic denial. The timing rules appear in 29 CFR § 825.110(d)–(e).
Build a Reliable Leave Process
Train managers to recognize potential leave requests and involve HR promptly. Keep accurate service records, use consistent procedures, and check the applicable notice and documentation requirements. The Department of Labor’s FMLA resources provide guidance for employers and employees.
Compliance information reviewed September 24, 2026.