Call Today For The Counsel You Deserve | 415-445-0900

Call Today For The Counsel You Deserve 415-445-0900

Le Clerc & Le Clerc LLP
We Help Protect
California's Employees

When may employers deny workers FMLA leave?

On Behalf of | Nov 1, 2021 | Uncategorized

You recently asked for Family and Medical Leave Act leave, but your boss denied your request. Did your company violate your employment rights?

Chron explains when companies have the right to reject FMLA requests. Get the facts, so you know what to do next to take care of yourself and protect your rights.

Does not meet FMLA requirements

Even if your employer must follow FMLA regulations, it need not honor requests that do not meet the latest requirements. For instance, perhaps you only have 10 months at the company rather than the required 12. You must work for a company location with at least 50 workers or 50 workers within 75 miles.

Not enough employees

Perhaps your private-sector company does not have 50 workers right now. If not, they do not have to honor your request for FMLA leave.

Does not qualify for FMLA leave need

You may only take FMLA for specific reasons:

  • Newborn baby care and a child’s birth
  • Placing, caring for or adopting a child
  • Caring for a spouse or parent with a severe health condition
  • A severe medical condition keeps an employee from working

Even if you have another serious life emergency, if it does not meet FMLA need requirements, your company need not honor your request. You may ask about other leave options your situation qualifies for.

Non-qualifying medical condition

Not all psychological and physical conditions qualify for FMLA leave. You must experience incapacitation and meet other prerequisites. Getting a physician’s certificate could help prove your medical condition’s severity.

Understanding how FMLA leave works saves time. Getting the facts also helps you know when your employer violates your rights.