FMLA Eligibility Checklist: The 5 Requirements

Before you approve a single day of FMLA leave, you need to verify that the employee actually qualifies. Skipping this step is one of the most common and costly FMLA mistakes employers make. Granting leave to an ineligible employee creates expectations you cannot legally walk back. Denying leave to an eligible employee exposes you to retaliation claims and DOL complaints.

The good news is that FMLA eligibility follows a clear five-part checklist. Work through each requirement in order and you will know exactly where every employee stands before you make any decisions.

The employer coverage requirement

Before checking whether an employee qualifies, confirm that your organization is a covered employer. The FMLA applies to private sector employers with 50 or more employees for at least 20 workweeks in the current or preceding calendar year. It also covers all public agencies and schools regardless of size.

If your organization falls below the 50-employee threshold you are not subject to federal FMLA. However, many states have their own family and medical leave laws that apply to smaller employers, so checking your state law is always worth doing regardless of your headcount.

Requirement 1 — The employee must work at a covered worksite

Even at a covered employer, not every employee automatically qualifies. The employee must work at a location where the employer has 50 or more employees within 75 miles. This rule catches situations where a company has a small satellite office far from its main operations.
To verify this requirement, check the employee’s assigned worksite and count all employees within a 75-mile radius. Remote employees present a special challenge here. The DOL generally considers a remote employee’s worksite to be their home for purposes of the 75-mile rule, though this area continues to evolve and deserves careful attention.

Requirement 2 — The employee must have worked for you for at least 12 months

The 12-month service requirement does not have to be continuous. Non-consecutive periods of employment count toward the total, as long as the break in service was not more than seven years. Previous periods of service that ended due to military obligations always count regardless of the gap.

To verify this requirement, pull the employee’s hire date and any previous employment history with your organization. Calculate whether they have accumulated 12 months of service in total. Watch for employees who were rehired — their prior service likely counts.

Requirement 3 — The employee must have worked at least 1,250 hours in the past 12 months

This is the requirement that most often disqualifies part-time and seasonal employees. The 1,250-hour threshold works out to roughly 24 hours per week over a full year. Only actual hours worked count — paid time off, holidays, and other leave do not count toward the total unless your state law says otherwise.

To verify this requirement, pull the employee’s time and attendance records for the 12 months immediately preceding the leave request. Add up actual hours worked. If your records are incomplete the DOL presumes the employee meets the threshold, so accurate timekeeping protects you more than it protects the employee.

Requirement 4 — The leave must be for a qualifying reason

Even a fully eligible employee can only take FMLA leave for specific reasons. The qualifying reasons include the birth, adoption, or foster placement of a child; caring for a spouse, child, or parent with a serious health condition; the employee’s own serious health condition; and qualifying military exigencies.

Note that the definition of serious health condition is more expansive than many employers realize. It includes conditions requiring inpatient care or continuing treatment by a healthcare provider. Chronic conditions like migraines, asthma, and diabetes can qualify when they meet the treatment threshold. Mental health conditions qualify when they involve a serious health condition as defined by the regulations.

Requirement 5 — The employee must provide adequate notice

Employees do not need to use the words FMLA or request FMLA leave by name. They simply need to provide enough information for you to reasonably determine that the leave may qualify. When the need for leave is foreseeable, employees must give 30 days advance notice when practicable. When the need is unforeseeable, they must notify you as soon as practicable under the circumstances.

Once you receive notice that leave may qualify, your five-business-day clock starts. You have five business days to provide the Notice of Eligibility and Rights and Responsibilities. Missing this deadline can waive your right to designate the leave as FMLA-protected.

What to do when an employee meets all five requirements

When an employee satisfies all five eligibility requirements, send the Notice of Eligibility and Rights and Responsibilities immediately. If you need medical certification to confirm the qualifying reason, include the Certification of Health Care Provider form and give the employee 15 calendar days to return it.

Document every step of this process. Note the date you received notice of the potential FMLA leave, the date you sent the Notice of Eligibility, and the date you received the completed medical certification. This paper trail protects you in any future dispute.

Keeping track of eligibility across your workforce

For HR teams managing leave across a workforce of 100 or more employees, tracking eligibility manually creates real risk. Employees move between worksites. Hours fluctuate. Service dates get complicated by rehires and leaves of absence. A purpose-built tool handles these calculations automatically so you are not doing the math by hand every time a leave request comes in.

FMLAPro Tracker Pro manages eligibility determinations as part of its complete FMLA tracking system. It runs inside Microsoft Excel so your team can start using it immediately without any new software installations or IT involvement.

Visit our store to learn more or contact us with any questions about your specific situation.