The FMLA eligibility requirements decide when the law requires a U.S. employer to give unpaid, job-protected leave under the 1993 Family and Medical Leave Act (FMLA), and who can take it. The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) enforces it, and employees can sue. This page is for owners of U.S. businesses with India or Canada ties.
What are the FMLA eligibility requirements?
| Test | Rule |
|---|---|
| Private employer | 50 or more employees on the payroll each working day in 20 or more workweeks of the current or preceding calendar year, across the whole employer, until it misses in both years. Public agencies and elementary and secondary schools are covered at any size; their employees still need the tests below. |
| Who counts | Everyone on payroll, part-time included, and jointly employed people at both employers, but not laid-off people. |
| Employee | 12 months employed, not necessarily consecutive, and 1,250 hours worked in the 12 months before leave. |
| Worksite | 50 or more of its employees within 75 surface miles of the employee's worksite (shortest public route). For remote workers, the worksite is the reporting office, not home. |
What does the FMLA mean for a foreign-owned or cross-border business?
| Situation | What the law says | What to check |
|---|---|---|
| Staff in India or Canada | Staff working outside the United States and its territories are not counted. | Count U.S. payroll weekly. |
| Foreign parent and U.S. subsidiary | Separate employers unless the joint-employer or integrated-employer test applies. The integrated test looks at the whole relationship; factors include common management, interrelated operations, centralized labor relations and common ownership or financial control. | Map management and labor policy. Ask an attorney. |
| Staff paid through a professional employer organization (PEO) | In joint employment only the primary employer gives notices and leave; factors include who hires and fires, assigns work, pays and gives benefits. A PEO doing only administration is not a joint employer. DOL's April 23, 2026 joint-employer proposal is not final. | Know which entity is primary. |
Where do I go next?
FMLA rules and checklist has the clock, the numbers and the Mile-and-Week Headcount Walk. Related: FLSA, Cook County Paid Leave Ordinance, hiring US employees from abroad, Illinois payroll guide and U.S. employer checklist.
Frequently asked questions
Does the FMLA apply to a company under 50 employees?
A private employer is covered only with 50 employees on payroll in 20 workweeks of the current or prior year, and an employee also needs 50 within 75 miles.
Official sources
- U.S. Department of Labor, Wage and Hour Division: Family and Medical Leave Act
- eCFR: 29 CFR Part 825, FMLA regulations
- Cornell Law School LII: 29 U.S.C. 2611, definitions
- Federal Register: Joint Employer Status proposal, 91 FR 21878
This page summarizes public guidance in plain language. If anything here differs from the official source, the official source controls.