FMLA Leave Tracking: Eligibility, the 1,250-Hour Test and Intermittent Leave

An employee is eligible for FMLA leave when the employer has 50 or more employees within 75 miles, and the employee has worked for the employer for 12 months and for at least 1,250 hours in the 12 months before the leave starts. Eligible employees can take up to 12 weeks of job-protected unpaid leave in a 12-month period for qualifying reasons.

The hard part is not the rule but the tracking: counting the 1,250 hours, recording intermittent leave in the right increments, and keeping the records the DOL expects. This article walks through each step.

Who is covered and who is eligible

Coverage and eligibility are two different tests. A covered employer is a private employer with 50 or more employees for 20 or more workweeks in the current or prior year, and all public agencies and schools. An eligible employee must meet the 12-month, 1,250-hour and worksite tests.

The 12 months of service do not have to be consecutive. Time worked in earlier stints counts in many cases, with limits for breaks of seven years or more. Eligibility is measured when the leave starts, so keep a running record of hours for every employee, not just those who ask.

The FMLA applies to employers with 50 or more employees, but many states have their own family or medical leave laws that cover smaller employers or give more time. If a state law applies, the leave usually runs at the same time as FMLA leave, and the employee gets the more generous benefit.

Count the 1,250 hours correctly

The 1,250-hour test counts hours actually worked in the 12 months before leave, using the FLSA definition of hours worked. Paid time off, holidays and sick leave do not count. 1,250 hours is about 24 hours per week over 52 weeks, so many part-time employees qualify.

Take an employee who averages 22 hours a week for 52 weeks, or 1,144 hours. That is under 1,250, so the employee is not eligible. If the employee averaged 25 hours, the total is 1,300 and the employee qualifies. For exempt employees without time records, the employer has to show that the employee did not meet the test, so keeping records matters.

For employees whose hours vary, review the payroll records for the 12 months before the leave start date. A common mistake is to use the current schedule instead of the actual hours, which can wrongly deny a worker who was working long hours in the past year, or wrongly approve one who was not.

Qualifying reasons and the 12-week entitlement

The qualifying reasons include the birth or placement of a child, a serious health condition of the employee, care of a spouse, child or parent with a serious health condition, and certain military family reasons. There is also a longer entitlement of up to 26 weeks for caring for a covered service member.

The employer chooses the method for the 12-month period, for example a calendar year, a fixed fiscal year, or a rolling period measured backward. Pick one and apply it to everyone. The method must be in the handbook, otherwise the one most favorable to the employee applies.

Intermittent and reduced schedule leave

Intermittent leave is the biggest tracking burden. Time must be charged in increments no larger than the employer's payroll system uses, and never longer than one hour. If an employee takes 90 minutes off for a medical appointment, the employer deducts 1.5 hours from the 480-hour balance (12 weeks x 40 hours), not a full day.

A full-time employee has 12 x 40 = 480 hours of entitlement. After 90 minutes, 478.5 hours remain. Part-time employees get a proportional amount. Exempt employees' leave is charged in full-day or partial-day amounts depending on the salary basis rules, so check them before deducting pay.

Intermittent leave for a chronic condition often looks like a pattern of Monday or Friday absences. Do not treat the pattern as misconduct without checking the certification, since the absences may be protected and counting them against the employee can be interference.

Notices, certification and designation

The employer must give an eligibility notice within five business days of learning that leave may qualify, and a designation notice once it has enough information. Late or missing notices can lead to interference claims. A medical certification may be requested, with at least 15 calendar days for the employee to provide it.

Employees may be required to use accrued paid leave concurrently, if the policy says so. Overlap with state paid leave and paid sick leave laws should be handled by tracking each source separately and designating the right type for each absence.

Keep a copy of every notice with its date. If an employee later says that no one told them about their rights, the dated notice is the strongest proof, and it can limit exposure to an interference claim.

Records you must keep

The FMLA regulations require employers to keep records of hours worked, dates of leave, hours of leave taken, copies of notices and certifications, and premium payments for health benefits, for three years. Medical records must be kept confidential and separate from the general personnel file.

These records connect to the general timekeeping duties in FLSA timekeeping requirements. An employer that already holds accurate daily hours finds the FMLA calculations nearly automatic, and one that does not usually has to reconstruct them under pressure.

Returning to work and benefits

At the end of FMLA leave, the employee is generally entitled to return to the same or an equivalent position with equivalent pay, benefits and conditions. A job that is lower in status or pay is not equivalent, and a manager cannot fill the position permanently while the employee is out.

Group health coverage must continue on the same terms as if the employee were working, and the employee pays the usual share of the premium. Track the premium arrangements during unpaid leave so there is no surprise lapse. A fitness-for-duty certificate can be required for the employee's own condition if the policy applies it uniformly.

Key employees, defined as the highest paid 10 percent within 75 miles, can sometimes be denied restoration under narrow conditions, but only after specific notice, so consult counsel before using that exception. Treat any denial of reinstatement as a legal question, not a payroll question.

How SimpleWorkshift Helps Track FMLA Leave

SimpleWorkshift records the hours employees actually work, which is the data behind the 1,250-hour test, and it tracks absences, PTO and a time bank, so partial-day and intermittent absences are recorded in precise increments. Work schedules per employee show the expected hours that a leave replaces.

Real-time views and custom reports let HR see hours and absences by employee and period. SimpleWorkshift does not replace legal review of eligibility, but it gives you the clean data that review needs. Start a 30-day free trial, with no contracts, at simpleworkshift.com.