Am I eligible for FMLA, and is my employer covered?

Quick answer
You're generally eligible for FMLA if you've worked for your current employer for at least 12 months, worked at least 1,250 hours in the 12 months before your leave start date, and work at a location with at least 50 employees within 75 miles. Your employer is covered if it's a private-sector employer with 50+ employees in 20+ workweeks in the current or previous year, or a public agency or school (covered regardless of size).

Who this applies to / Prerequisites

• Employees seeking to confirm their own FMLA eligibility, and employers determining whether they're covered.
• Different eligibility rules apply for airline flight crew employees and employees who have used USERRA leave.

Key facts

1. Employee eligibility requires: at least 12 months of tenure; at least 1,250 hours worked in the previous 12 months; and a worksite with at least 50 employees within 75 miles. Some employers waive the 75-mile requirement, since it can get complicated (especially for remote employees) — check with HR for specifics.
2. Eligibility is assessed as of the date FMLA leave is set to start, not when it's requested. This means an employee can use a non-FMLA leave (state law leave, an ADA/PWFA accommodation, or a company leave) and then transition directly into FMLA once tenure and hours requirements are met.
3. If an employee requests leave but isn't yet FMLA-eligible, Tilt will issue a denial explaining why. If the employee becomes eligible during the leave, Tilt will apply FMLA as soon as applicable and send an updated notice.
4. An employer cannot designate leave as FMLA before an employee meets eligibility requirements, even if the leave would otherwise qualify. Once eligible, any remaining leave can be designated as FMLA.
5. Employer coverage is separate from employee eligibility: private-sector employers are covered with 50+ employees in 20+ workweeks in the current or previous year; public agencies and schools are covered regardless of size. The "50 employee" employer coverage rule differs from the "50/75" employee eligibility rule — an employer can be covered, and subject to FMLA's notice/posting requirements, even without 50 employees within 75 miles of a given worksite.

What if it doesn't work

• I was denied FMLA due to insufficient tenure or hours: Tilt will explain the reason, and will automatically apply FMLA once you become eligible during your leave.
• I'm not sure if my worksite meets the 50/75 rule: Some employers waive this — check with HR.
• I'm not sure if my organization is a covered employer: Contact your Customer Success Manager.
• If none of these apply, contact your Leave Success Manager (employees) or Customer Success Manager (HR teams).

Limits and exceptions

• Employer coverage and employee eligibility are governed by two separate rules — meeting one doesn't automatically mean the other applies.
• Different eligibility rules apply for airline flight crew and employees who've used USERRA leave.

Related questions

• What is a qualifying leave reason under FMLA, and what counts as a serious health condition?
• How do I apply for FMLA, and how is leave time calculated?