Before we check your eligibility, here's a quick overview of the situations that typically qualify for protected leave. Tap a category to see examples.
This is a general overview — the calculator on the following pages estimates eligibility based on your work situation, not your specific reason for leave.
Select your primary work state. Leave laws are generally based on where you perform your work, not where your company is headquartered.
If you are a full-time employee and have worked for at least a year, you can safely assume you meet the 1,250 hour minimum. Alternatively, many internal employee portals and pay stubs document your exact hours.
Enter how many hours you typically work per week and we'll estimate your total over the past 12 months, using the start date above.
Filled in automatically by the calculator above, or you can enter your total hours manually.
Count employees at your location, plus any other company worksites within 75 miles — not your company's total headcount nationwide. For most people, this is simply your total number of coworkers. If your company has offices spread far apart, only count the ones near you. Not sure of the number? A quick Google search or your company's LinkedIn page can help.
📊 Why headcount matters
Based on your answers, you may be eligible for the following protections. Save this summary for your records and/or provide it to your HR department, manager, or business owner if you feel it will help inform them of your leave benefits.
Based on your state, tenure, hours, and employer size. Some states split "getting paid" and "your job is protected" into separate rules — where that's true, you'll see more than one result below.
Additional protections that may apply even if you don't meet the standard requirements above.
Not calculated from your answers above — these work differently from FMLA and apply based on your own situation. Many people qualify for one without realizing it.
If your own military service takes you away from work, USERRA — not FMLA — protects your right to get your job back. It applies to virtually every employer regardless of size, with no minimum tenure or hours required. You generally qualify if you gave your employer notice before leaving, your cumulative service is 5 years or less, your discharge wasn't dishonorable, and you report back or apply for reemployment within the required window.
If you have a qualifying disability, the ADA can require unpaid leave as a reasonable accommodation — even if you're not FMLA-eligible, haven't worked long enough, or already used up your FMLA leave. Applies to employers with 15+ employees. Unlike FMLA, there's no fixed 12-week limit — the amount of leave depends on your situation, as long as it doesn't create an undue hardship for your employer.
If you're pregnant, postpartum, or dealing with a related medical condition, the Pregnant Workers Fairness Act requires reasonable accommodations — like schedule changes, modified duties, or temporary leave — starting from your very first day, no waiting period required. Applies to employers with 15+ employees.
If you're nursing, federal law requires reasonable break time and a private, non-bathroom space to pump for up to one year after your child's birth. This applies to virtually every employer regardless of size (a narrow exemption exists for employers under 50, but it's rarely met).
Give notice early, and get your appointment on the calendar. Whenever possible, let your employer know about your need for leave as soon as you're aware of it — for foreseeable situations, 30 days' notice is standard when possible. Once you give notice, your employer generally must provide the certification paperwork within 5 business days, and you'll have at least 15 calendar days to return it. Booking your appointment early gives you room to spare, especially if your provider needs to be contacted for clarification.
🔗 Official Policy Links
Leavely helps people understand their eligibility for both paid leave and job protection — covering Federal FMLA, state leave programs, and other federal protections like military leave and disability accommodations, without raising a red flag to HR or wading through legal jargon and guesswork. Behind the scenes, Leavely runs a detailed calculation engine, reviewed for accuracy by a team of Certified Leave Management Specialists (CLMS). Leavely is free to use, whether or not you donate — but if it helped you get some clarity, your support goes toward hosting costs, new features, and keeping eligibility requirements accurate as laws change across all 50 states.