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Do I Qualify for FMLA Leave?
Use the free tool — FMLA Eligibility & Request Letter
What FMLA gives you
The Family and Medical Leave Act (FMLA) gives eligible workers 12 weeks of job-protected, unpaid leave. It is a federal law — 29 U.S.C. 2601 et seq., and 29 CFR Part 825. This is not legal advice.
The three eligibility tests
You have to pass all three tests to qualify:
- 12 months with your current employer.
- 1,250 hours worked in the last 12 months.
- 50 or more employees within 75 miles of your worksite.
Hours are counted from your employer's records, not from memory. Ask your employer for your hours if you are not sure. Once your employer receives your request, they must give you a written eligibility notice — that notice controls, not this guide.
What reasons qualify
FMLA leave can be used for:
- The birth of a child, or placement for adoption or foster care.
- A serious health condition of your own.
- A serious health condition of your parent, child, or spouse.
- Certain military family leave situations.
Deadlines for notice and certification
The FMLA sets timelines on both sides:
- You should give 30 days' notice when the leave is foreseeable, or notice as soon as practicable when it is not.
- Your employer has 5 days to respond with the eligibility notice and, if required, the certification form, under 29 CFR Part 825.
A written request letter is what starts these deadlines running on the employer's side.
Florida adds no extra leave
Florida has no state family or medical leave law for private employers. FMLA is the main leave law most Florida workers have. Some employers choose to offer more than FMLA requires through their own policy — check your employee handbook to see if that applies to you.
FMLA also allows intermittent leave in some situations, and there are rules about pay and insurance while you are out. This guide does not restate every detail — confirm the specifics that apply to your situation with your employer or a professional.
What to do next
The free FMLA Eligibility & Request Letter tool reads the numbers you enter — your start date, hours, company size, reason, and dates — and computes the three tests for you. It shows the notice and certification deadlines that apply, tells you plainly that Florida has no extra state leave law, and drafts the written request letter that starts the clock. It is free, available in English and Spanish, and it is not legal advice.
If your leave is denied or you face retaliation, this tool cannot help with that — call the U.S. DOL Wage and Hour Division at 1-866-487-9243, which is free.
FMLA Eligibility & Request Letter is an informational tool based on the Family and Medical Leave Act (29 U.S.C. 2601 et seq.) and 29 CFR Part 825 as of 2025–26. It is not legal advice and does not file requests. Eligibility depends on employer records; the employer's written eligibility notice controls. Florida has no state family/medical leave statute for private employers. It is not affiliated with any employer or agency.