FMLA Leave Explained: Who Qualifies, How Long, and Whether You Get Paid
- You qualify if you have worked for your employer at least 12 months and 1,250 hours in the past year, at a site with 50 or more employees within 75 miles.
- FMLA gives up to 12 workweeks of job-protected leave in a 12-month period for listed reasons.
- FMLA leave itself is unpaid, but you can use accrued paid leave and your employer may require it.
Taking leave for a new child or a serious health problem can be a financial shock. Knowing the Family and Medical Leave Act (FMLA) rules helps you plan your pay around it.
Who is eligible
Under 29 CFR 825.110, an eligible employee has: worked for the employer at least 12 months (they don’t have to be consecutive); worked at least 1,250 hours during the 12 months before the leave; and works at a site where the employer has 50 or more employees within 75 miles.
Breaks in service of seven years or more generally don’t have to be counted toward the 12 months, with exceptions for military service and written rehire agreements.
How much leave
29 CFR 825.200 limits leave to a total of 12 workweeks during any 12-month period for reasons that include the birth of a child and caring for the newborn, placement of a child for adoption or foster care, caring for a spouse, child or parent with a serious health condition, and your own serious health condition. Military caregiver leave has a separate, longer limit.
Is FMLA leave paid?
29 CFR 825.207 says “generally, FMLA leave is unpaid leave.” But you can choose to substitute accrued paid leave, and if you don’t, “the employer may require the employee to substitute accrued paid leave.” Paid and FMLA leave then run at the same time.
Money planning checklist
- Check your paid time off balance and the employer’s substitution policy.
- Ask HR whether your state has a paid family leave program, which can replace part of your wages.
- Find out whether short-term disability insurance covers your situation.
- Keep your health premiums in the budget; ask HR how they will be collected during leave.
Published October 27, 2026. Sources are linked in the text.
Header image: original graphic by JobPayRaise.com.
Comments (1)
Worth knowing: when you use paid leave for something that doesn’t qualify under FMLA, such as sick leave for a minor illness that isn’t a serious health condition, it doesn’t count against your 12-week FMLA entitlement. Source: 29 CFR 825.207.