To check whether you may qualify for unpaid leave under the Family and Medical Leave Act (FMLA), start with your employer's coverage and your own work history. USAGov's general eligibility guide separates those checks: a covered employer does not automatically make every employee eligible.

FMLA provides eligible employees with up to 12 weeks of unpaid leave in a 12-month period for qualifying family or medical reasons, with protection of their job and access to group health benefits during leave. The reason for leave must qualify as well as the employee.

Check coverage and the three employee tests

USAGov lists private organizations with at least 50 employees, all government agencies, and public and private elementary and secondary schools as covered employers.

Its general employee eligibility checklist has three requirements:

  • You have worked for the employer for at least 12 months.
  • You have worked at least 1,250 hours for that employer in the preceding 12 months.
  • Your employer has 50 employees within 75 miles of your worksite.

These are a starting point for checking eligibility, not a determination that your particular leave request qualifies. If your situation needs clarification, contact the employer or the Labor Department's Wage and Hour Division.

Notify your employer and check any certification request

The first step in taking FMLA leave is notifying your employer. The employer will tell you whether you are eligible. In some cases, you may need to submit certification verifying the reason for leave; your employer will identify which Labor Department form to use.

Also check whether your state has its own family leave program. State programs may use different eligibility rules, so check their requirements separately.

Get help with questions or possible violations

The Wage and Hour Division handles FMLA questions and complaints. Call 1-866-487-9243, Monday through Friday, 8 a.m. to 4:30 p.m. local time, or contact a local office.

USAGov identifies interference with FMLA rights, manipulation of work hours to avoid FMLA responsibilities, and retaliation for using FMLA or participating in related investigations as violations. Its FMLA guidance[1] links to the leave process, forms, state programs and local offices.