Denied FMLA Leave

Family and Medical Leave Act or better known as FMLA is the federal law that allows employees to go on job-protected leave. Sometimes, FMLA can be denied by employers.

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This can happen due to several reasons but an employer can’t just deny an employee from using FMLA leave. For this, the employer must either not be a covered employer under the Family and Medical Leave Act or the employee must not qualify for the leave.

Covered Employer

If your employer doesn’t have at least 50 employees excluding you within 75-mile radius of the worksite, he or she isn’t a covered employer. In this situation, your employer has the right to deny your FMLA leave. Even you contact the Department of Labor, there isn’t anything that can be done under the federal law.

That said, it’s best to discuss the leave with your employer as the employer isn’t covered under the FMLA.

Eligible Employees for FMLA

As for figuring out whether or not you’re eligible for FMLA leave, here are the requirements:

You must be working for your current employer for at least 12 months. You must fulfill your 12 months prior to taking leave. So, if your employer denies your FMLA leave but you will be working for the company for 12 months at the time of the leave, you qualify for the FMLA. In these situations, remind your employer about the FMLA rules and ask again.

However, working for 12 months doesn’t just mean you can get FMLA leave though. There is another requirement as well. In the past 12 months, you must have worked of least 1,250 hours in total. This makes it on average about 24 hours a week. Even if you’re a part-time employee, there is a chance that you qualify for FMLA leave.

Other Reasons for Denied FMLA Leave

Other than the qualifications for employers and employees, your reasoning for the leave may not be covered. You can request FMLA leave only under the following circumstances:

  • For your own medical care
  • For a family member’s medical care
  • To give care to a current member of the U.S. Armed Forces or a veteran

In addition to this, you can request FMLA leave for family affairs when a member of the family is called on covered active duty. So, if a member of your family is in the military, you can pretty much go on FMLA leave to say your goodbyes before the military member goes on active duty.

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