FMLA Leave Calculator — FAQ
25 answers to the most common FMLA eligibility and leave questions.
What is FMLA?
The Family and Medical Leave Act (FMLA) is a federal law that entitles eligible employees at covered employers to take up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons.
Who is eligible for FMLA?
You must: (1) work for a covered employer (50+ employees), (2) have worked there for at least 12 months, (3) have worked at least 1,250 hours in the past 12 months, and (4) work at a location with 50+ employees within 75 miles.
What reasons qualify for FMLA leave?
FMLA covers: birth/adoption/foster care of a child, serious health condition of the employee, serious health condition of a spouse/child/parent, qualifying military exigency, or care for a covered servicemember (up to 26 weeks).
Is FMLA leave paid?
Federal FMLA is unpaid. However, 13 states plus DC have state paid family leave programs that provide partial wage replacement during FMLA leave. Check your state program for benefit amounts.
Can my employer require me to use PTO during FMLA?
Yes. Employers can require employees to use accrued PTO concurrently with FMLA leave. This does not extend your FMLA entitlement — the 12 weeks run simultaneously.
How much notice do I need to give for FMLA leave?
For foreseeable leave (planned surgery, expected birth), provide 30 days advance notice. For unforeseeable leave (sudden illness), notify your employer as soon as practicable — generally within 1-2 days.
Can I take FMLA leave intermittently?
Yes. For serious health conditions or military exigencies, FMLA may be taken intermittently — in separate blocks of time as small as 1 hour — rather than all at once.
Is my job protected during FMLA leave?
Yes. Upon return from FMLA leave, you are entitled to the same or an equivalent position with equivalent pay, benefits, and working conditions. Your employer cannot use FMLA leave as a factor in termination decisions.
What happens to my health insurance during FMLA?
Your employer must maintain your group health insurance on the same terms as if you had continued working. If you pay premiums, you must continue paying your share during leave.
What qualifies as a serious health condition?
A serious health condition involves inpatient care or continuing treatment by a healthcare provider. This includes chronic conditions, incapacity for 3+ consecutive days with treatment, and long-term or permanent conditions.
Can my employer deny my FMLA request?
If you meet all eligibility requirements and the reason qualifies, your employer cannot deny FMLA leave. However, they can require medical certification and deny if certification is not provided.
What is a covered employer under FMLA?
Private employers with 50 or more employees for at least 20 workweeks in the current or preceding year. All public agencies and schools are covered regardless of size.
How is the 12-month period calculated?
Employers can calculate FMLA using one of four methods: calendar year, any fixed 12-month period, a rolling 12-month period looking back, or a rolling period looking forward. Employers must apply their method consistently.
Can both parents take FMLA for a new child?
Yes. Both parents can take FMLA for birth, adoption, or foster placement. However, if both work for the same employer, their combined leave for this reason may be limited to 12 weeks total.
What states have paid family leave programs?
States with paid family leave: California, Colorado, Connecticut, Delaware, Massachusetts, Minnesota, New Jersey, New York, Oregon, Rhode Island, Washington, and Washington DC. Benefit amounts and durations vary.
Can my employer contact me during FMLA leave?
Employers may contact you to clarify documentation or ask about return date, but cannot require you to work during FMLA leave. Excessive contact or work demands could constitute FMLA interference.
What if my employer violates FMLA?
You can file a complaint with the US Department of Labor Wage and Hour Division within 2 years of the violation (3 years for willful violations). You can also sue your employer directly.
Do part-time employees qualify for FMLA?
Yes, if they meet the 1,250-hour threshold. Part-time employees must work roughly 24+ hours per week throughout the year to meet this requirement.
Can I use FMLA for mental health reasons?
Yes. Mental health conditions that qualify as serious health conditions — such as depression, anxiety, or PTSD requiring inpatient or continuing treatment — are covered by FMLA.
What is the FMLA certification process?
Employers can require medical certification from a healthcare provider. You have 15 calendar days to provide certification. Employers may seek second or third opinions at their expense.
Can I be fired for taking FMLA leave?
No. Retaliation for exercising FMLA rights is prohibited. However, if you would have been terminated for a reason unrelated to FMLA (e.g., company layoffs), FMLA does not protect you from that.
What is military caregiver leave?
Eligible employees may take up to 26 weeks in a single 12-month period to care for a covered servicemember with a serious injury or illness. This is a separate entitlement from the standard 12 weeks.
Do gig workers or contractors get FMLA?
No. FMLA only covers W-2 employees of covered employers. Independent contractors and gig workers are not entitled to FMLA, though some state programs have begun extending protections.
Can my employer ask why I need FMLA?
Employers can require general information about the medical need, but cannot require specific diagnosis information. Medical certification through a healthcare provider is the standard process.
How accurate is this FMLA calculator?
Our calculator applies federal FMLA eligibility rules as written. For complex situations — intermittent leave, dual employers, or state law interactions — consult an employment attorney or HR professional.