How FMLA leave is calculated
Eligible employees get up to 12 workweeks of unpaid, job-protected leave in a 12-month period. Caring for a servicemember with a serious injury or illness raises the cap to 26 weeks. Most HR teams track the 12 weeks in hours.
Full time
40 hours a week × 12 = 480 hours. An 8-hour day off uses 1/5 of a week.
Part time
25 hours a week × 12 = 300 hours. Part-timers get 12 of their own workweeks, not 480 hours.
Reduced schedule
Normally 40 hours, working 24 during leave: 16 hours a week count, or 0.4 weeks each week.
Mandatory overtime
Normally 48 hours with required overtime, limited to 40: 8 hours count, or 1/6 week. Voluntary overtime doesn't.
The four ways to measure the 12-month period
Each employer picks one method and applies it to everyone. Switching requires 60 days' notice to all employees.
| Method | How it works | When time comes back |
|---|---|---|
| Rolling backward | On each day of leave, look back 12 months and subtract what was used. | Hour by hour, exactly 12 months after each hour was used. |
| Calendar year | January 1 to December 31. | All at once on January 1. |
| Fixed 12-month year | Any fixed year, such as a fiscal year or hire anniversary. | All at once on the start date. |
| Measured forward | A 12-month period starts the first day FMLA leave is taken. | A new period starts with the first leave after the old one ends. |
Calendar and fixed years let an employee "stack" leave: 12 weeks in December and 12 more in January. A rolling backward year prevents that, which is why most employers use it. It is also the hardest to do by hand, because the answer changes every day.
Rolling year, worked through
A 40-hour employee starts 12 weeks of bonding leave on December 7, 2026. Earlier that year they used 80 hours (March 2–13) and 40 hours intermittently (June–August).
- Look back 12 months from December 7, 2026: the window is December 8, 2025 to December 6, 2026.
- FMLA used in the window: 80 + 40 = 120 hours.
- Available on day one: 480 − 120 = 360 hours, or 9 weeks.
- At 8 hours a day, the 360 hours run out on February 5, 2027.
- The March hours don't come back until March 2, 2027, after the leave ends. So February 8–26 isn't FMLA-protected.
Do holidays count against FMLA?
It depends on the week. If someone is out on FMLA for the whole week, a holiday in that week counts as FMLA leave. If they take less than a full week, the holiday only counts if they were scheduled to work it. The calculator applies this rule for you when the workplace closes on federal holidays. In January 2026 the Department of Labor confirmed the same rule for snow days and other partial-week closures.
Intermittent leave
Intermittent leave can be taken in increments as small as the shortest one your payroll uses for other leave, and never more than one hour. Only time actually missed counts, and travel time to and from treatment can count too, per a January 2026 Department of Labor opinion letter. Leave for bonding with a new child can be intermittent only if the employer agrees.
State leave laws that add to FMLA
Some states give more job-protected leave than FMLA: more weeks, extra reasons, or coverage for smaller employers and newer employees. Some state laws run at the same time as FMLA, so the same days count against both. For others it depends on the law or on how the employer designates the leave, and the calculator asks. Pick a state in Step 1 to add its laws to the results.
| State | Law | Job-protected weeks | Employers covered | Eligibility |
|---|---|---|---|---|
| California | California Family Rights Act (CFRA) | 12 in 12 months | 5+ employees | 12 months and 1,250 hours |
| California | California Pregnancy Disability Leave (PDL) | 4 months per pregnancy | 5+ employees | from the first day of work |
| Colorado | Colorado FAMLI | 12 in an application year (+4 for complications) | Any size | 180 days with the employer |
| Connecticut | Connecticut Family and Medical Leave Act | 12 in 12 months (+2 for pregnancy) | Any size | 3 months with the employer |
| Connecticut | Connecticut Family and Medical Leave Act (servicemember care) | 26 in 12 months | Any size | 3 months with the employer |
| Delaware | Delaware Paid Leave (parental leave) | 12 in an application year | 10+ employees | 12 months and 1,250 hours |
| Delaware | Delaware Paid Leave (medical and family caregiving) | 6 in 24 months | 25+ employees | 12 months and 1,250 hours |
| District of Columbia | DC Family and Medical Leave Act (family leave) | 16 in 24 months | 20+ employees | 12 months in the last 7 years and 1,000 hours |
| District of Columbia | DC Family and Medical Leave Act (medical leave) | 16 in 24 months | 20+ employees | 12 months in the last 7 years and 1,000 hours |
| Hawaii | Hawaii Family Leave Law | 4 per calendar year | 100+ employees | 6 months with the employer |
| Maine | Maine Family Medical Leave Requirements | 10 in 2 years | 15+ employees | 12 months with the employer |
| Maine | Maine Paid Family and Medical Leave | 12 in a benefit year | Any size | 120 days with the employer |
| Maryland | Maryland Parental Leave Act | 6 in 12 months (15 to 49 employees) | 15+ employees | 12 months and 1,250 hours |
| Massachusetts | Massachusetts PFML (family leave) | 12 in a benefit year | Any size | meeting the state earnings test, with no minimum time on the job |
| Massachusetts | Massachusetts PFML (medical leave) | 20 in a benefit year | Any size | meeting the state earnings test, with no minimum time on the job |
| Massachusetts | Massachusetts PFML (servicemember care) | 26 in a benefit year | Any size | meeting the state earnings test, with no minimum time on the job |
| Massachusetts | Massachusetts Parental Leave Act | 8 per child | 6+ employees | 3 months full time |
| Minnesota | Minnesota Paid Leave | 12 for one reason, 20 combined | Any size | 90 days with the employer |
| Minnesota | Minnesota Pregnancy and Parenting Leave | 12 per birth or adoption | Any size | from the first day of work |
| Minnesota | Minnesota Pregnancy and Parenting Leave (pregnancy) | 12 per pregnancy | Any size | from the first day of work |
| New Jersey | New Jersey Family Leave Act | 12 in 24 months | 15+ employees | 3 months and 250 hours |
| New York | New York Paid Family Leave | 12 in 52 weeks | Any size | 26 weeks (175 days for part-time workers) |
| Oregon | Paid Leave Oregon | 12 in a benefit year (+2 for pregnancy) | Any size | 90 days with the employer |
| Oregon | Oregon Family Leave Act (pregnancy disability) | 12 in a leave year (pregnancy only) | 25+ employees | 180 days, averaging 25 hours a week |
| Rhode Island | Rhode Island Parental and Family Medical Leave Act | 13 in two calendar years | 50+ employees | 12 months full time, averaging 30 hours a week |
| Rhode Island | Rhode Island Temporary Caregiver Insurance | 8 in a benefit year | Any size | meeting the program's earnings test |
| Tennessee | Tennessee Parental Leave Act | 4 months per birth or adoption | 100+ employees | 12 months full time |
| Vermont | Vermont Parental and Family Leave Act (parental leave) | 12 in 12 months | 10+ employees | 1 year, averaging 30 hours a week |
| Vermont | Vermont Parental and Family Leave Act (family leave) | 12 in 12 months | 15+ employees | 1 year, averaging 30 hours a week |
| Washington | Washington Paid Family and Medical Leave | 12 for one reason, 16 combined, in a claim year | 25+ employees | 180 days with the employer |
| Wisconsin | Wisconsin Family and Medical Leave Act (new child) | 6 per calendar year | 50+ employees | 52 weeks and 1,000 hours |
| Wisconsin | Wisconsin Family and Medical Leave Act (family care) | 2 per calendar year | 50+ employees | 52 weeks and 1,000 hours |
| Wisconsin | Wisconsin Family and Medical Leave Act (own health) | 2 per calendar year | 50+ employees | 52 weeks and 1,000 hours |
State laws last checked for accuracy on October 29, 2026. Rules change often, and benefit amounts aren't shown here. Check the official source before making a decision.
Notice deadlines for employers
| Notice | Deadline | Form |
|---|---|---|
| Eligibility and rights notice | 5 business days after learning the leave may be FMLA | WH-381 |
| Medical certification | Employee gets at least 15 calendar days to return it | WH-380-E / WH-380-F |
| Fix an incomplete certification | At least 7 calendar days | Written notice |
| Designation notice | 5 business days after you have enough information | WH-382 |
| Employee notice | 30 days ahead when the leave is foreseeable, otherwise as soon as practicable | — |
FAQ
How many hours is 12 weeks of FMLA?
Multiply the employee's normal weekly hours by 12. That's 480 hours at 40 hours a week, 450 at 37.5 and 300 at 25. If hours vary, use the weekly average of hours scheduled over the 12 months before leave starts.
Does FMLA reset on January 1?
Only if the employer uses the calendar year method. Under a rolling backward year there is no single reset date. Each hour comes back 12 months after it was used.
When will I get my FMLA time back?
Enter your past leave with dates and the calculator lists each date time is restored and the day the full 12 weeks are available again.
Is FMLA leave paid?
No. FMLA protects the job and health insurance, not pay. Employers can require, or employees can choose, to use paid time off at the same time. Several states also run paid family and medical leave programs that can pay during FMLA.
What happens when FMLA runs out?
Any time off after the 12 weeks isn't FMLA-protected. The employer should tell the employee in writing. State leave laws, the ADA and company policy may still protect more time, so check before ending employment.
Who is eligible for FMLA?
Employees who have worked for the employer for 12 months, worked at least 1,250 hours in the last 12 months, and work at a site with 50 or more employees within 75 miles. Public agencies and schools are covered employers at any size, but their employees still need to meet the 50-within-75-miles test.
How does the 26-week military caregiver leave work?
It uses a single 12-month period that starts on the first day of caregiver leave, whatever method the employer uses for other leave. Up to 26 weeks are available in that period for all FMLA reasons combined, but no more than 12 of them for reasons other than caregiving.
Stop tracking FMLA in spreadsheets
Set FMLA up as its own leave type in Vacation Tracker and see who's out, for how long, right inside Slack, Microsoft Teams or Google Workspace.