⚠️ Medical Disclaimer: These tools are for educational purposes only and are not medical advice. Please consult your pediatrician or healthcare provider for any health concerns.
USA FMLA + Paid Family Leave

FMLA Leave Eligibility Calculator

Working parents in America face a maze of federal and state leave laws. This calculator tells you if you qualify for the 12 weeks of federal FMLA. It also calculates your weekly benefit under your state's paid family leave program if you live in one of the 12 states or DC that has one. All calculations happen in your browser. We do not store your salary or employment data.

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US-specific tool. Federal FMLA + state paid family leave programs. Coverage for California, New York, New Jersey, Massachusetts, Rhode Island, Washington, Colorado, Oregon, Delaware, Connecticut, DC, and Maryland (starting 2026).

FMLA Leave Eligibility

Need at least 1,250 hours
Used to estimate weekly PFL benefit

Your Leave Estimate

Frequently Asked Questions

Common questions about this tool

No. FMLA requires you to have worked for your current employer for at least 12 months AND worked at least 1,250 hours in those 12 months. If you just started, you cannot use FMLA for a new baby. Some employers offer their own parental leave benefits that may have shorter eligibility periods. Check your employee handbook. State paid family leave programs sometimes have shorter eligibility windows (like having earned a certain amount in the base period rather than worked specific hours).
In most cases, yes. State PFL provides wage replacement during your FMLA leave. The 12 weeks of FMLA gives you job protection. The state program gives you partial pay during that time. They generally run concurrently. So if you live in California and qualify for both, you take FMLA leave and California PFL pays you 60-70% of your wages during 8 of those weeks. Some states have programs that extend beyond the 12 weeks of FMLA. Check your specific state.
Federal FMLA does not apply if your employer has fewer than 50 employees within 75 miles. Some states have their own family leave laws with lower thresholds. California's CFRA covers employers with 5+ employees. Oregon's OFLA covers employers with 25+. Washington's PFML is mandatory for all employers regardless of size. Check your state-specific laws. Some employers also offer voluntary parental leave even when not legally required.
Yes. FMLA's 12 weeks applies to birth, adoption, and foster placement equally. The 12 months must be used within 12 months of the child's arrival. Both parents can take FMLA, though if both parents work for the same employer, they share 12 weeks total (not 24). For adoption, FMLA can be used for time spent traveling, attending court hearings, and bonding after placement.
For a new baby, FMLA leave generally must be taken in one continuous block, unless your employer agrees to intermittent leave. Many employers do allow intermittent leave for bonding. For medical reasons (like a difficult pregnancy or postpartum complications), intermittent FMLA is automatically allowed. State paid leave rules vary. Washington and Massachusetts allow intermittent. California typically requires continuous for bonding leave.
Your employer must continue your health insurance during FMLA leave on the same terms as if you were working. You may still be responsible for your portion of premiums. If you don't return to work after FMLA (other than for serious health reasons or circumstances beyond your control), your employer may require you to repay the premiums they paid during your leave. Make a written plan with HR about premium payment during leave if your portion was usually payroll-deducted.
Generally no. FMLA provides job protection. Your employer must return you to the same or equivalent position when you return. However, you can be fired during FMLA leave for reasons unrelated to your leave (like company-wide layoffs or proven misconduct). The employer must prove the firing would have happened regardless of your leave. If you suspect retaliation, contact the Department of Labor or an employment attorney quickly. Documentation is key.