The short answer
To be FMLA eligible you need 1,250 hours of service in the preceding 12 months, along with 12 months of employment and a worksite with 50 employees within 75 miles. The Department of Labor says the 1,250 hours include only hours actually worked. Paid leave and unpaid leave, including FMLA leave itself, do not count.
The 1,250 hours must fall in the 12 months before the leave begins.
Only hours actually worked for the employer count toward the total.
Paid leave and unpaid leave, including previous FMLA leave, are excluded.
The hours test is one of three conditions, alongside 12 months of employment and the 50-employees-within-75-miles rule.
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This page is for workers with cancer who want to know whether they qualify for FMLA (Family and Medical Leave Act) leave. It explains the 1,250-hour rule, what counts toward it, and what to ask HR.
Where the number comes from
FMLA does not protect every worker automatically. The Department of Labor sets out three conditions that have to be met together:
- Working for the employer for at least 12 months (the months do not have to be consecutive)
- Completing 1,250 hours of service in the preceding 12 months
- Working at a location with at least 50 employees within a 75-mile radius
The middle one causes the most confusion. People assume it counts the hours they were on the payroll. It does not.
Worked, not paid
The Department of Labor's language is unusually blunt here. The 1,250 hours include only those hours actually worked for the employer. Paid leave and unpaid leave, including FMLA leave, are not included.
So the following do not add to your total:
- Vacation days
- Paid sick leave
- Paid time off of any kind
- Unpaid leave
- FMLA leave you have already taken
Payroll time and worked time are two different numbers, and FMLA only cares about the second one.
Why this hits cancer patients specifically
Cancer rarely arrives at a good time. Often there are months of feeling unwell, with tests and visits, before the diagnosis is confirmed. Nobody is talking about formal leave yet.
If you worked fewer hours or took sick leave in those months, your worked hours drop. That can mean someone employed all year does not meet the hours test.
This is not fair or unfair. It is arithmetic written into the law. Knowing it early is what lets you plan around it.
The 12-month window is a moving one
The 1,250 hours must fall in the 12 months preceding the leave. The window moves with your start date. So timing can matter.
If you are close to the limit, ask HR to run the numbers before you set a date. They hold the records. You can ask what they show.
What to ask for, precisely
Vague questions get vague answers. Ask HR for:
- The total hours of service they have recorded for you
- The exact 12-month period they measured
- Which categories of time they counted as worked
- Written confirmation of whether you are eligible
Getting this in writing gives you a record to refer back to.
If the answer is no
Not qualifying for FMLA is a setback, not a dead end. It only means this one federal protection does not apply to you right now.
Other things may still be available:
- Your employer's own leave policies
- Short-term disability coverage
- Accommodation under disability law, if it applies
- State leave laws that use different rules
Those have their own tests. The hours count that closed one door does not affect the others.
The practical takeaway
If you have cancer and work, find out your hours number early. It is one question to HR. The answer shapes which kind of leave to ask about.
Keep your own timesheet copies
Hour counts can be wrong. Your own pay stubs let you check your employer's number.
You do not need a spreadsheet. Saving pay stubs in one place through the year is enough to reconstruct a count if you ever have to.
If your number and theirs disagree, raise it politely. Name the weeks in question rather than disputing the total. A question about specific pay periods is easier to answer than a general complaint.
Sources
Common questions
Does vacation I took last spring count?
No. The Department of Labor states the 1,250 hours include only hours actually worked for the employer, and that paid leave and unpaid leave are not included.
Does my earlier FMLA leave count toward the next year's hours?
No. DOL specifically names FMLA leave among the kinds of leave that do not count toward the 1,250 hours.
Is 1,250 hours the same as full-time?
It is less than a standard full-time year, which is why some part-time employees still reach it. Eligibility turns on hours actually worked rather than a job title.
What if I am short by a small amount?
The 1,250-hour requirement comes from the law. Ask your HR department for their count and the dates they used, and ask what other leave policies exist at your workplace.
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Sources last checked: 2026-10-02 what this meansLast updated: 2026-10-02Next planned review: 2027-08-11
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Cancer Explained does not originate medical claims. Every page restates guidance already published by the National Cancer Institute, the CDC, the USPSTF and the FDA, in plain language, with the source cited so you can check the original yourself. AI does the translating and organizing; automated checks test claims, citations, clarity and safety before anything publishes, and this is translation and navigation, not clinical judgment. Nothing here is personal medical advice, and no page can account for your particular situation.
Editorial status: Source checked — This page was written with AI assistance and then compared with the sources listed on it, looking for statements those sources do not back up. That check is not a sentence-by-sentence record and can miss errors. It is not a medical review, and it does not confirm the page is complete or right for your situation.
Human medical review: not completed. Pages here are not signed off by a clinician before they publish. That is not an oversight we are quietly working around: we restate published guidance and cite it, so the authority belongs to the source rather than to us, and every page names where its claims come from — you can verify us instead of trusting us. Where a volunteer clinician has reviewed a page, their name and credentials appear on it; where no name appears, no clinician has checked it. We are glad to have reviewers and are recruiting them, and we do not hold pages back waiting for one. Use this site to understand your situation and to ask better questions of the people treating you.
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