FMLA & State Medical/Parental Leave Eligibility & Return Date Calculator
Verify your 12-week job-protected leave eligibility (1,250 hours & 12 months service) and calculate your exact protected return-to-work date.
1. Enter Your Case Details Runs in your browser
2. Your result Live Output
Fill in the details on the left to see the result.
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3. How the rule works
Who this is for
Employees planning medical, pregnancy, bonding or family-care leave who want to check whether federal FMLA or California CFRA applies and when job-protected leave would end.
Employers can use it to confirm eligibility basics, but leave law has many special rules for intermittent leave and different 12-month periods.
What to have ready
- Your hire date and an estimate of hours worked in the last 12 months.
- The number of employees at your worksite and within 75 miles.
- The planned first day of leave and expected length.
- Any medical certification form your employer sent.
The rule
The federal Family and Medical Leave Act, 29 U.S.C. §§ 2611–2612, gives eligible employees up to 12 workweeks of unpaid, job-protected leave in a 12-month period for a serious health condition, the birth or placement of a child, or caring for a family member. To be eligible, an employee must have worked for the employer for 12 months, worked at least 1,250 hours in the past 12 months, and work at a site with 50 or more employees within 75 miles. Under 29 C.F.R. § 825.305 the employer must allow at least 15 calendar days to return a requested medical certification.
California's Family Rights Act, Government Code § 12945.2, applies to employers with 5 or more employees, uses the same 12-month and 1,250-hour tests, and has no 50-within-75-miles rule. Pregnancy Disability Leave is separate and can add up to four months for pregnancy-related disability. New York Paid Family Leave provides up to 12 weeks of partly paid leave for bonding and family care, but not for the employee's own illness.
Read the official text:
- 29 U.S.C. § 2611 (definitions and eligibility)
- California Government Code § 12945.2 (CFRA)
- U.S. Department of Labor: FMLA
- New York Paid Family Leave
Worked example: when 12 weeks ends
Maya starts continuous leave on Monday, March 2, 2026, after 1,650 hours of work in the past year at a 40-employee California company.
Federal FMLA : not eligible (fewer than 50 employees) CFRA : eligible (5+ employees, 12 months, 1,250+ hours) 12 weeks = 84 calendar days Last day of leave = Sunday, May 24, 2026 Return to work = Monday, May 25, 2026
Common mistakes
- Counting only the employer's total headcount for FMLA. The 50 employees must be within 75 miles of your worksite.
- Assuming leave is paid. FMLA and CFRA protect the job; pay comes from state disability or paid leave programs, or employer policies.
- Missing the certification deadline. Return requested forms within 15 days or explain why you cannot.
- Forgetting earlier leave in the same 12-month period, which reduces what is left.
Limits of this tool
- Leave entitlements vary by state; several states have their own leave laws and paid programs.
- The calculator assumes continuous leave. Intermittent or reduced-schedule leave is counted in hours.
- Employers may use different 12-month periods (calendar year, rolling back, and so on).
Sources were last checked in October 2026. Statutes are amended often; if the official text differs from this page, the official text controls.
4. Clear Next Steps & Statutory Action Plan
- Check eligibility: months worked, hours in the past year and employer size.
- Give 30 days' notice for foreseeable leave, or as soon as practicable otherwise.
- Return any medical certification within 15 days and keep a copy.
5. Frequently Asked Statutory Questions (29 U.S.C. § 2611–2612 (FMLA); Cal. Gov. Code § 12945.2 (CFRA — Applies to 5+ Employees!))
Must I tell my employer my diagnosis?
Generally not. The certification addresses the condition's seriousness, dates and need for leave. CFRA regulations specifically limit requiring disclosure of the diagnosis without consent.
Do I get my job back?
Yes, the same or an equivalent job with the same pay and benefits, with limited exceptions such as some highly paid key employees under FMLA.
Does CFRA cover small employers?
Yes, employers with 5 or more employees, which is much broader than the federal 50-employee rule.
Can FMLA and CFRA leave run at the same time?
Yes, for reasons covered by both laws they usually run concurrently, so you get 12 weeks in total rather than 24. Pregnancy disability leave in California is separate from CFRA.