Can an Employer Deny FMLA?

The Family and Medical Leave Act, or FMLA, is a federal law that gives eligible employees protection if they need to leave their job on a short-term basis for certain medical and family reasons. One of the most common questions about FMLA is this: "Can an employer deny FMLA?"

Yes. An employer can deny FMLA leave in certain cases, such as in cases where the employee doesn't meet the legal requirements or if the employee doesn't follow the rules associated with the leave request. An employer cannot, however, deny FMLA because it's not convenient for them for the employee to be away. Larrimer & Larrimer can also help with questions such as can you be fired while on fmla?

Who Qualifies for the Family and Medical Leave Act - FMLA?

The FMLA applies to eligible employees of covered employers. In general, an employee must have worked for the employer for at least 12 months and worked at least 1,250 hours during the previous 12 months. The employee must also work at a location where the employer has at least 50 employees within 75 miles.

Private employers generally are covered when they have 50 or more employees in 20 or more calendar workweeks during the current or preceding calendar year. Public agencies and certain schools are covered under different rules.

When Can an Employer Deny FMLA?

Can an employer deny FMLA leave? Yes. However, there are only certain instances that allow them to do so. These include eligibility requirements, when the leave request doesn't qualify as FMLA, or if the person has already used their FMLA benefits for the previous 12-month period.

Imagine, for instance, that an employee has only worked for a company for six months, but then their parent gets seriously ill. Unfortunately, they would be denied if they tried to request FMLA because they do not meet FMLA eligibility requirements, which are that the employee must work with an employer for a year.

Another example of when a claim can be denied is if the employee wants to take care of someone outside of their family, i.e. a friend or a neighbor. This is not covered by the Family Medical Leave Act.

That being said, an employer cannot deny a person's FMLA leave request just because it would be difficult for the company to operate without that employee. If the employee meets the federal guidelines to request FMLA, the employer has certain obligations. For more information, leading workers compensation attorney in Columbus may be able to help.

Does an Employee Have to Say “FMLA”?

No. An employee doesn't have to use the actual words "FMLA" or "Family and Medical Leave Act" when they request leave.

However, they do need to provide their employer enough information so that they understand that the absence may qualify under FMLA.

For example, if you need to take time off for a surgery, your employer should know that this would be covered under FMLA as long as you are eligible. If they do not do this, they could be interfering with the process.

Can an Employer Deny FMLA Without Medical Certification?

An employer can request medical certification when an employee requests FMLA for a serious health condition. If the certification is requested properly, the employee typically must provide the certification within a reasonable time period.

Typically, an employee has about 15 days to provide their employer with the certification. If they do not complete the medical certification process, the employer can deny or delay the FMLA protection.

The Department of Labor also states that the employer cannot reject a valid certification for trivial reasons, such as because it's not on the company's form or they don't like the form it's on. Employers much accept a certification as long as its complete and sufficient, no matter what form its on.

If the employer believes the certification is incomplete or insufficient, the employee should generally be given an opportunity to correct the problem.

Can an Employer Deny FMLA Because of Lack of Notice?

Notice requirements can affect whether leave is protected.

When the need for leave is foreseeable, an employee generally should provide 30 days' advance notice when that is practicable. If 30 days is not possible, notice should generally be given as soon as practicable.

When the need for leave is unforeseeable, the employee generally must notify the employer as soon as practicable under the circumstances and follow normal call-in procedures when possible.

If an employee fails to provide timely or sufficient notice without a reasonable excuse, an employer may be able to delay or deny FMLA protection for some of the absence.

Can an Employer Deny Intermittent FMLA?

Intermittent FMLA allows eligible employees to take leave in separate blocks of time or use a reduced work schedule when the circumstances qualify.

An employer cannot simply deny medically necessary intermittent FMLA leave because it is inconvenient. However, intermittent leave can involve additional requirements.

Medical certification may need to explain the medical necessity for intermittent leave and provide information about the expected frequency and duration of episodes. When planned medical treatment is involved, an employee may also have responsibilities to work with the employer to schedule treatment in a way that minimizes disruption when possible.

Can an Employer Deny FMLA If You Have Used It Before?

Yes, if you have exhausted your available FMLA entitlement.

Eligible employees generally receive up to 12 workweeks of FMLA leave during the employer's designated 12-month period. Certain military caregiver leave can provide up to 26 workweeks.

An employee who has used available FMLA leave may not be entitled to additional FMLA leave simply because another medical problem occurs.

Other laws may still provide protections after FMLA is exhausted. Depending on the circumstances, the Americans with Disabilities Act, another leave law, an employment agreement, or an employer's policies may apply.

What If Your Employer Says Your Condition Is Not Serious Enough?

An employer does not have unlimited discretion to decide whether a medical condition qualifies as a serious health condition.

The FMLA contains specific definitions and requirements. A serious health condition generally involves inpatient care or continuing treatment by a healthcare provider, although the exact requirements depend on the circumstances.

Medical certification can provide information needed to determine whether the condition qualifies. If the employer has questions about a certification, the FMLA provides procedures for addressing incomplete or insufficient information.

What If FMLA Is Denied After a Workplace Injury?

For Ohio workers, FMLA questions can overlap with workers' compensation when an employee is injured on the job.

Workers' compensation and FMLA are separate legal protections. Workers' compensation provides benefits for qualifying workplace injuries and occupational conditions, while FMLA provides job-protected leave for qualifying family and medical reasons.

A worker may potentially have rights under both systems. For example, an employee who suffers a serious workplace injury may need medical treatment and time away from work while also pursuing a workers' compensation claim.

If an employer denies FMLA after a workplace injury, it is important to understand why. The employee's eligibility, medical documentation, communications with the employer, and workers' compensation claim may all be relevant.

Can an Employer Deny FMLA and Fire You?

An employer cannot retaliate against an employee for requesting or using protected FMLA leave.

A denial of FMLA leave does not automatically mean the employer has violated the law. However, if an employer denies qualifying leave and then disciplines or terminates the employee because the employee sought protected leave, that may raise a separate FMLA retaliation or interference issue.

The timing of an employment action can be relevant, but timing alone does not establish a violation. Other evidence may include statements from supervisors, inconsistent explanations for a decision, changes in attendance discipline, or different treatment of employees who did not request leave.

If you believe your employer's decision was connected to your FMLA request, preserve your records and consider getting legal advice.

What Should You Do If Your FMLA Request Is Denied?

Ask the employer why the request was denied and, when possible, get the explanation in writing.

Keep copies of your FMLA request, eligibility notice, rights and responsibilities notice, medical certification, emails, text messages, attendance records, and communications with human resources or supervisors.

If the denial involved a medical certification, review what information the employer said was missing. If the request was connected to a workplace injury, also keep your workers' compensation records and medical documentation.

The Department of Labor's Wage and Hour Division accepts questions and complaints involving FMLA rights. An employee may also have a private legal claim depending on the circumstances. Different deadlines and procedures may apply, so waiting too long can affect available options. It can also be helpful to know the answer to questions like does fmla cover mental health?

Talk to an Ohio Workers' Compensation Attorney

An employer can deny FMLA leave in some circumstances, but it cannot simply refuse qualifying leave because it is inconvenient or because the employer does not want to approve it.

If you are an Ohio worker dealing with a workplace injury, medical condition, FMLA request, or workers' compensation claim, the details of your situation matter. Larrimer & Larrimer can help you understand how workers' compensation and related employment protections may apply and what legal options may be available.