Can I Be Denied FMLA?

The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons. While the law was designed to safeguard workers who need time off to care for themselves or loved ones, not every request for FMLA leave is automatically granted. Both employees and employers must meet specific requirements before leave is approved. Understanding when FMLA applies and when it may be denied can help you protect your rights. Learn more below, and contact James P. Tarquin, P.A., to speak with a skilled Ocala FMLA employee rights attorney if you were wrongfully denied FMLA in central Florida.

Covered Employers and Covered Employees

FMLA does not apply to every workplace. It only covers employers with 50 or more employees within a 75-mile radius. This means that small businesses with fewer than 50 employees are not required to provide FMLA leave.

Employees must also meet eligibility requirements to qualify for FMLA. To be covered, you must:

• Have worked for your employer for at least 12 months (not necessarily consecutive);
• Have worked at least 1,250 hours in the 12 months prior to the leave request; and
• Work at a location where the employer has at least 50 employees within 75 miles.

If either the employer or the employee does not meet these criteria, the request for FMLA can be denied.

Valid Reasons Employers Can Deny FMLA Requests

Even if the employer and employee meet coverage and eligibility requirements, FMLA leave is only available for specific circumstances. Qualifying reasons include:

• The 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;
• Certain qualifying military family needs.

Employers may deny FMLA if the reason for leave does not meet the legal definition of a qualifying event. For example, routine colds, minor illnesses, or conditions that do not require ongoing medical care typically do not qualify. Employers can also require medical certification from a healthcare provider, and failure to provide adequate documentation may result in denial.

Another valid reason for denial is when an employee has already exhausted their 12 weeks of FMLA leave within the designated 12-month period. Once that time is used, the law does not obligate the employer to grant additional leave until eligibility resets.

What to Do If You Are Wrongfully Denied FMLA

Unfortunately, some employees are denied FMLA leave even when they meet all legal requirements. In these cases, employees have the right to challenge the denial. The first step is to review your employer’s policies and request clarification in writing. Sometimes, miscommunication or incomplete documentation may be the issue.

If you believe the denial was unlawful, you can file a complaint with the U.S. Department of Labor’s Wage and Hour Division, which enforces FMLA rights. You also have the right to pursue legal action against your employer if they interfered with or denied your FMLA rights. Remedies may include reinstatement, back pay, and other damages. An FMLA lawyer at James P. Tarquin, P.A., can evaluate your situation and provide skilled representation on your behalf.

Protecting Yourself When Requesting FMLA

To reduce the risk of wrongful denial, employees should:

• Submit requests for FMLA leave in writing whenever possible;
• Provide timely notice and required medical certifications;
• Keep copies of all documents and correspondence related to the request;
• Follow up with HR or management to ensure compliance with company procedures.

By being proactive and organized, you can help ensure your FMLA rights are recognized and protected.

Contact the FMLA Employee Rights Attorneys at James P. Tarquin, P.A.

While FMLA provides critical job protections for employees facing family or medical needs, it is not unlimited. Employers can lawfully deny requests in certain circumstances, such as ineligibility or lack of qualifying reasons. However, wrongful denials do occur, and employees should not hesitate to assert their rights if they believe their employer has acted unlawfully.

At James P. Tarquin, P.A., in Ocala, we represent employees in Central Florida who have been denied FMLA leave or retaliated against for exercising their rights. If you have questions about FMLA eligibility or believe your request was wrongfully denied, contact us today for a free consultation.