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How Many Hours Do You Need to Be FMLA Eligible?

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Why Hours Matter

FMLA gives eligible workers 12 weeks of job-protected, unpaid leave. To get that leave, you must pass three tests, and one of them is about hours: you need 1,250 hours worked in the last 12 months.

The Three Tests, Together

All three must be met at the same time. None of them alone is enough.

How the 1,250 Hours Are Counted

Hours are counted from your employer's records, not from your own estimate. If you're not sure how many hours you've worked, ask your employer for the records. A tool that only works from what you type in cannot see payroll records, so the number it gives you is only as good as the numbers you enter.

What Qualifies for Leave

Leave can also be taken intermittently under FMLA rules, not just all at once.

Deadlines Once You Ask

The Family and Medical Leave Act (29 U.S.C. 2601 et seq.) and 29 CFR Part 825 set the notice and medical-certification timelines. A written request letter starts the clock on the employer's side. You generally give 30 days' notice, or as soon as practicable if 30 days isn't possible. The employer then works against its own 5-day deadlines to respond.

What Florida Adds

Florida has no state family or medical leave law for private employers. FMLA is the only leave law most Florida workers have. Some employers offer more than FMLA requires through their own policy, so it's worth checking your employee handbook.

If Your Employer Denies Leave or Retaliates

Checking your hours and drafting a request letter doesn't cover a denial or retaliation claim. For that, the U.S. DOL Wage and Hour Division (1-866-487-9243) is free to call. This page and any related tool are not legal advice.

What to Do Next

The free FMLA Eligibility & Request Letter tool reads your own start date, hours, company size, reason, and dates. It computes the three tests, shows the notice and certification deadlines, and drafts the written request letter for you. Confirm your hours with your employer's own records, and check with a professional if your situation is unusual.

Use the free tool

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.

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