How Do You Ask for Leave?
Requesting leave from work can feel intimidating, especially if you’re unsure of your rights or how your employer will respond. However, understanding the right way to ask for leave and the laws that protect your time off can help ensure you get the benefits you are entitled to. At James P. Tarquin, P.A., our Ocala employment lawyers help Central Florida employees exercise their workplace rights, including the right to take medical, family, or personal leave without retaliation.
Understand Your Rights Before You Ask
Before requesting leave, it’s important to know what kind of leave you’re entitled to. Under the federal Family and Medical Leave Act (FMLA), eligible employees can take up to 12 weeks of unpaid, job-protected leave for qualifying reasons, such as a serious health condition, caring for a family member, or the birth or adoption of a child. Some employers also provide paid leave through their own policies, and certain state or local laws may offer additional protections.
To qualify for FMLA leave, your employer must have at least 50 employees within a 75-mile radius, and you must have worked there for at least 12 months and 1,250 hours during that period. If you’re not eligible for FMLA, your company’s internal leave policy may still allow time off, so it’s always worth checking your employee handbook or speaking with HR before assuming you don’t qualify.
How to Make a Proper Leave Request
The FMLA and most employer policies require that employees give as much notice as possible. If your need for leave is foreseeable, such as for scheduled surgery or childbirth, you should provide at least 30 days’ notice. When leave is unexpected or urgent, like a sudden illness or emergency, notify your employer as soon as practicable.
You don’t have to mention the FMLA by name to be protected under it, but you should explain enough about your situation for your employer to understand that your absence may qualify for FMLA leave. For example, you could say, “I need time off to care for my spouse who has been hospitalized,” or “I need a few weeks off for a medical procedure and recovery.” The employer is then required to determine whether your request qualifies under the FMLA and provide the appropriate paperwork.
Documentation and Certification
If you’re requesting medical leave, your employer may ask for medical certification to verify your need for time off. This is standard and must comply with FMLA regulations. The certification should come from a healthcare provider and include basic details about the condition, without disclosing unnecessary private information.
Keep copies of everything you submit. Written documentation, such as emails or HR forms, helps protect you if a dispute arises about whether you properly requested leave. If your employer delays or fails to respond, those records can become important evidence of your compliance and good faith.
What If Your Employer Denies Your Request or Retaliates Against You?
Employers cannot lawfully deny FMLA leave to an eligible employee or punish them for requesting it. Common forms of retaliation include demotions, reduced hours, or even termination after returning from leave. If you believe your request was unfairly denied or that you were retaliated against for seeking leave, you have legal options.
An experienced employment lawyer can review your situation, determine whether your rights were violated, and take steps to protect your job and recover any losses. The attorneys at James P. Tarquin, P.A., have been standing up for Central Florida employees for decades, ensuring that workers receive the job protections guaranteed to them under the law.
Protecting Your Job and Your Rights in Marion and Citrus County
Asking for leave shouldn’t put your job at risk. By understanding your rights, documenting your communications, and seeking legal guidance when necessary, you can ensure your request is handled properly and fairly. If your employer refuses to honor your leave or takes adverse action against you for requesting it, you don’t have to face the situation alone.
Contact James P. Tarquin, P.A., today to speak with an Ocala employment lawyer who can help you protect your rights and your livelihood.