FMLA

Can my employer deny FMLA leave?

Quick Answer

Only if you don't qualify or the reason doesn't meet FMLA requirements.

Detailed Answer

Employers CAN deny FMLA if: **Eligibility Issues:** - You haven't worked 12 months - You haven't worked 1,250 hours in past year - Employer has fewer than 50 employees within 75 miles - Your location doesn't meet the 50-employee threshold **Certification Issues:** - Healthcare provider doesn't certify serious health condition - Condition doesn't meet FMLA definition - You refuse to provide required certification - Second opinion contradicts need (at employer's expense) **Procedural Issues:** - You didn't provide adequate notice (30 days for foreseeable leave) - You didn't follow employer's call-in procedures - You didn't return certification within 15 days **Employers CANNOT Deny FMLA If:** - You meet all eligibility requirements - Condition is properly certified - You followed proper procedures **What To Do If Denied:** 1. Request written explanation 2. Review eligibility requirements carefully 3. Get complete medical certification 4. File complaint with DOL Wage and Hour Division 5. Consult employment attorney **Note:** Employers cannot retaliate against you for requesting or taking FMLA leave.

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