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Can an employer deny FMLA leave?

By Zippia Team - Dec. 9, 2022

Yes, an employer can sometimes deny FMLA leave; however, in many cases, it is not legal for an employer to deny FMLA leave if the employer is considered to be a covered employer.

Here are some instances where your employer might have the legal right to deny FMLA leave:

  • If the employer has fewer than 50 employees

  • If the employee in question has been employed for less than one year

  • If the employee in question has worked for less than 1,250 hours in the prior 12 months

If none of these factors apply to your situation, your employer is legally obligated to grant FMLA leave.

Can an employer deny FMLA leave?

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