FMLA eligibility and leave calculator - 2026
Enter your employment details to check eligibility and calculate your leave
FMLA requires 12 months of employment
FMLA requires at least 1,250 hours
Weeks taken under FMLA in the past 12 months
FMLA weeks available
Weeks remaining
of 12-week entitlement
Return-to-work date
FMLA leave details
Total FMLA entitlement12 weeks / 84 days
Weeks already used
Weeks remaining
Leave start date
Estimated end date
Return to work by
Is leave paid?
Important: FMLA eligibility depends on specific facts about your employment situation. This calculator provides a general estimate only. Your employer may have different policies. Always notify your employer in writing and consult an employment attorney if your leave is denied or your job is threatened.
This tool provides general information only and is not legal advice. FMLA rules are complex and depend on specific circumstances. Consult a qualified employment attorney for guidance specific to your situation.
State paid family leave programs - 2026
States with paid leave beyond federal FMLA (which is unpaid)
| State | Paid leave program | Max weeks | Wage replacement | Employee funded |
|---|
Data sources and official FMLA references
All leave eligibility data sourced from the U.S. Department of Labor and official state paid leave programs
Federal FMLA eligibility rules and leave entitlements are sourced directly from U.S. Department of Labor regulations and the text of the Family and Medical Leave Act (29 U.S.C. 2601). State paid leave program data is sourced from each state's official paid leave program administrator.
Federal FMLA sources
- U.S. Department of Labor - Family and Medical Leave Act — official FMLA guidance, eligibility rules, and employer obligations
- DOL Employee Guide to the FMLA — plain-language explanation of FMLA rights and how to request leave
- DOL Fact Sheet #28 - The Family and Medical Leave Act — key FMLA provisions and employee eligibility requirements
- 29 U.S.C. 2601 - Family and Medical Leave Act (full text) — the complete federal statute via Cornell Legal Information Institute
State paid leave program sources
- California Employment Development Department - Paid Family Leave — California PFL benefits and application
- New Jersey Department of Labor - Family Leave Insurance — New Jersey FLI program details
- Massachusetts Department of Family and Medical Leave — Massachusetts PFML program
- Washington Paid Family and Medical Leave — Washington state paid leave program
- Colorado FAMLI Program — Colorado paid family and medical leave
- National Conference of State Legislatures - Paid Family Leave — comprehensive state paid leave program comparison
FMLA and state leave laws change. For guidance on your specific situation contact the U.S. DOL Wage and Hour Division or a licensed employment attorney. Found an error? Contact us.
Frequently asked questions - FMLA 2026
Who qualifies for FMLA leave?
To qualify for federal FMLA leave you must: (1) work for a covered employer - a private employer with 50 or more employees, or any public agency or school; (2) have worked for that employer for at least 12 months; (3) have worked at least 1,250 hours in the past 12 months; and (4) work at a location where the employer has 50 or more employees within 75 miles.
How many weeks of FMLA leave am I entitled to?
Eligible employees are entitled to up to 12 weeks of unpaid, job-protected leave per year for qualifying reasons. Military caregiver leave allows up to 26 weeks. FMLA leave can be taken all at once or intermittently. The 12-week entitlement resets based on your employer's chosen 12-month calculation method.
Is FMLA leave paid?
Federal FMLA leave is unpaid. However, your employer may require or allow you to use accrued paid leave (vacation, sick time, PTO) concurrently with FMLA. Additionally, 13 states and Washington D.C. have their own paid family and medical leave programs that provide partial wage replacement during leave. Check the state table above to see if your state has a paid program.
Can my employer deny my FMLA leave?
If you meet all eligibility requirements and have a qualifying reason, your employer cannot legally deny FMLA leave. However, they can require you to provide medical certification, give advance notice when foreseeable, and use accrued paid leave concurrently. If your employer denies a legitimate FMLA request, you can file a complaint with the U.S. Department of Labor Wage and Hour Division.
What happens to my health insurance during FMLA?
Your employer must maintain your group health insurance coverage during FMLA leave under the same terms as if you continued working. You must still pay your portion of the premiums. If you do not return to work after FMLA leave, your employer may recover the health insurance premiums they paid during your leave, with some exceptions.