Public tool file
Check federal FMLA coverage, employee eligibility, and leave weeks in one pass.
Answer five questions about the employer, tenure, hours, worksite headcount, and leave reason. You get a pass/fail checklist, entitlement weeks, and a California CFRA tip when federal coverage may not apply.
Eligibility screen
Enter the facts, then review the report.
This is an educational federal FMLA screen only. It is not a leave approval, legal advice, or a substitute for counsel, DOL guidance, or your leave administrator.
Five-step FMLA screen
How to use
- Confirm whether the employer is covered under federal FMLA.
- Enter tenure, hours, and worksite headcount for the employee.
- Pick the leave reason, then review the pass/fail checklist and weeks.
Step 1 of 5: Employer coverage
What kind of employer is this?
Does the private employer have 50 or more employees for 20 or more workweeks in the current or prior calendar year?
How many months has the employee worked for this employer? (Need not be consecutive.)
How many hours did the employee work in the 12 months before the leave would begin?
FMLA generally requires at least 1,250 hours. Full-time for a year is usually enough; part-time often is not.
How many employees work at the employee's worksite or within 75 miles of it?
What is the primary leave reason?
Is the worksite in California?
Eligibility report
Complete the five steps to see covered-employer status, employee tests, qualifying reason, and leave weeks.
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Checklist
Notes
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Clarifications
Common questions
Who is a covered employer under FMLA?
Private employers with 50 or more employees for 20 or more calendar workweeks in the current or preceding calendar year are covered. Public agencies and public or private elementary and secondary schools are covered regardless of size.
When is an employee FMLA-eligible?
The employee generally must have worked for the employer for at least 12 months, worked at least 1,250 hours in the 12 months before leave, and work at a location where the employer has at least 50 employees within 75 miles.
How much FMLA leave is available?
Most qualifying reasons allow up to 12 workweeks in a 12-month period. Military caregiver leave for a covered service member can allow up to 26 workweeks in a single 12-month period.
What if FMLA does not apply in California?
California's CFRA often covers smaller employers (generally 5+) and does not use the federal 50-within-75-miles worksite test. Pregnancy Disability Leave and Paid Family Leave may also apply. This wizard flags that possibility; confirm with counsel.
When one answer is not enough
See the whole compliance picture.
The HR Risk Score reviews safety, wages, benefits, documentation, and PAGA exposure together, then gives you a prioritized view of what needs attention.