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.
Simplify Leave Management
LeavePlan Pro automates calculations and ensures compliance.
Start Free Trial