How Many FMLA Days Are Allowed?

The Family and Medical Leave Act (FMLA) is the primary source of job-protected unpaid leave for employees in Florida. Many workers have questions about how much time off they are entitled to, when their employer can deny leave, and what remedies are available if FMLA rights are violated. Understanding these rules can help employees plan leave, protect their jobs, and assert their rights when necessary. At James P. Tarquin, P.A., in Ocala, we help employees in Marion and Citrus counties in central Florida exercise their FMLA employment rights, fight back against FMLA retaliation, and secure pregnancy and maternity leave under the law. Learn more below, and contact our office if your rights have been violated.

What Is the FMLA?

The Family and Medical Leave Act (FMLA) is a US federal law providing eligible employees with up to 12 weeks of unpaid, job-protected leave per year for qualified family and medical reasons. It ensures health benefits are maintained during leave and requires employers to restore employees to the same or equivalent position upon return. This law allows employees to balance work with major family/medical events, such as childbirth, adoption, serious health conditions (self or family), or military exigencies.

To be eligible for FMLA, employees must have worked for a covered employer for at least 12 months, worked at least 1,250 hours in the past 12 months, and work at a location with 50+ employees within 75 miles. Covered employers include all public agencies, schools, and private-sector employers with 50 or more employees.

How Many FMLA Days Are Allowed?

Under federal law, eligible employees are entitled to up to 12 workweeks of unpaid leave in a 12-month period. In special cases involving covered military family members, eligible employees may take up to 26 workweeks of leave in a single 12-month period to care for a family member who is seriously injured or ill during military service.

The leave may be taken all at once or intermittently in certain situations, such as recurring medical treatments or chronic conditions. The 12-week entitlement applies per employee, not per job, and any portion of leave taken is deducted from the total 12 weeks available in the 12-month period.

When Can an Employer Deny FMLA Leave?

Employers can lawfully deny a request for FMLA leave only in certain well-defined, limited situations:

• Employee Ineligibility: The employee has not worked for the employer for at least 12 months or has not completed 1,250 hours in the preceding year.
• Employer Not Covered: The employer has fewer than 50 employees within a 75-mile radius, which means it is not required to provide FMLA leave.
• Non-Qualifying Reason: The reason for the leave does not fall under the FMLA’s qualifying events, such as routine personal travel, minor illnesses, or non-serious medical conditions.
• Exhausted Leave: The employee has already used the maximum 12 weeks (or 26 weeks for military caregiver leave) during the applicable 12-month period.

Employers must provide written notice if they deny FMLA leave, clearly stating the reason for the denial and explaining any rights or next steps.

When an Employer Cannot Deny FMLA Leave

Employers cannot deny FMLA leave if the employee is eligible and the leave request falls within one of the statute’s qualifying circumstances. These include:

• Birth, adoption, or foster placement of a child.
• Caring for a spouse, child, or parent with a serious health condition.
• The employee’s own serious health condition that prevents them from performing essential job functions.
• Qualifying exigencies related to a spouse, child, or parent in the military.
• Care for a covered service member with a serious injury or illness.

Even if leave is intermittent or on a reduced schedule, employers must accommodate these requests as long as they are medically or legally justified.

Employee Rights and Remedies if FMLA Is Wrongfully Denied or Interfered With

Federal law protects employees against interference and retaliation related to FMLA leave. Wrongful denial, demotion, termination, reduction in pay, or any adverse action tied to the exercise of FMLA rights may constitute a violation.

Employees who experience interference or retaliation can pursue a civil claim against their employer. Remedies may include:

• Reinstatement to the same or equivalent position.
• Back pay for lost wages during the period of interference.
• Payment of lost benefits that would have been received.
• Liquidated damages equal to back pay in certain circumstances.
• Attorneys’ fees and court costs.

Employees should document all leave requests, employer communications, and any adverse actions. This documentation is critical in proving an FMLA violation and protecting your legal rights.

Contact Our Marion County FMLA Employee Rights Attorneys Today

In Florida, eligible employees are entitled to up to 12 workweeks of FMLA leave in most circumstances, with job protection and benefits preservation during that time. Employers may deny leave only if the employee is ineligible, the employer is not covered, the reason does not qualify, or the maximum leave has been exhausted. If FMLA leave is wrongfully denied or interfered with, employees have strong legal remedies to recover lost wages, benefits, and job protection.

For employees in Central Florida who believe their FMLA rights have been violated, James P. Tarquin, P.A., can provide guidance, advocacy, and representation. Contact our office for a free consultation to discuss your situation and learn how to protect your rights and your job.