Denied Family or Medical Leave in Florida? Here’s What to Do Next

This guide explains which reasons qualify for FMLA leave, who is eligible, when an employer can lawfully deny a request, the warning signs of an unlawful denial, the steps to take afterward, the available remedies, and the Florida leave statutes that may apply alongside the FMLA.

If your employer denied your FMLA request and you are unsure whether the decision was lawful, call BT Law Group, PLLC at (305) 507-8506 to discuss your situation.

What Qualifies as FMLA Leave in Florida?

The Family and Medical Leave Act (FMLA) provides eligible employees of covered employers with unpaid, job-protected leave for specific family and medical reasons. During FMLA leave, the employer must continue group health benefits under the same terms as if the employee had continued working.

Under 29 U.S.C. § 2612, an eligible employee can take up to 12 workweeks of leave in a 12-month period for:

• The birth of a child and care for the newborn within one year of birth
• The placement of a child for adoption or foster care and care for the child within one year of placement
• Caring for a spouse, child, or parent with a serious health condition
• The employee’s own serious health condition that prevents the employee from performing the functions of the job
• A qualifying exigency related to a spouse, son, daughter, or parent who is a covered military member on covered active duty or called to covered active duty

Military caregiver leave provides a separate entitlement. An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember with a serious injury or illness can take up to 26 workweeks of leave during a single 12-month period to care for that servicemember.

FMLA leave can also be taken intermittently or on a reduced schedule when medically necessary or for a qualifying exigency. Intermittent or reduced-schedule leave for bonding with a newborn or newly placed child requires the employer’s approval.

Key Takeaway: FMLA protection applies only to qualifying reasons covered by the law. If the reason for the requested time off falls outside these categories, the employer can deny FMLA protection.

Who Is Eligible for FMLA Leave in Miami?

FMLA eligibility depends on both the employer and the employee. Covered employers include private sector employers with 50 or more employees for at least 20 workweeks in the current or previous calendar year, public agencies regardless of size, and public or private elementary and secondary schools.

To qualify for FMLA leave, an employee must:

• Work for a covered employer
• Have worked for the employer for at least 12 months
• Have completed at least 1,250 hours of service during the 12 months before the leave begins
• Work at a location where the employer has at least 50 employees within 75 miles

The 12 months of employment do not have to be consecutive. Employment before a break in service of seven years or more does not count toward the 12-month requirement unless an exception applies, such as certain military service covered by USERRA or a written agreement to rehire the employee after the break.

When Can an Employer Legally Deny FMLA Leave?

An employer can lawfully deny FMLA protection when an employee is not eligible, the reason for leave does not qualify under the FMLA, or the employee fails to meet applicable notice or certification requirements. In some situations, failure to meet these requirements can delay FMLA protection rather than result in denial of the entire leave period.

For foreseeable leave, such as a planned medical procedure, an employee must provide 30 days’ advance notice when possible. When 30 days’ notice is not possible, or the need for leave is unexpected, the employee must provide notice as soon as practicable and follow the employer’s usual procedures for reporting an absence, unless unusual circumstances prevent compliance.

An employer can also require medical certification for the employee’s serious health condition or that of a family member. Under 29 C.F.R. § 825.305, an employee must provide the requested certification within 15 calendar days when practicable. If the certification is incomplete or insufficient, the employer must identify the problem in writing and provide at least seven calendar days to correct it. Additional time is allowed when the employee makes diligent, good-faith efforts but cannot meet the deadline.

Key Takeaway: An FMLA denial can be lawful because of an eligibility issue, a nonqualifying reason for leave, or failure to meet applicable notice or certification requirements. Reviewing the employer’s stated reason for the denial can help determine whether the decision complied with FMLA requirements.

Miami Employment Law Attorneys – BT Law Group, PLLC

What Are Warning Signs of an Unlawful FMLA Denial?

An FMLA denial can raise concerns when the employer’s stated reason conflicts with the employee’s eligibility, documentation, or treatment of similar leave requests. Actions taken before or after the denial can also indicate interference with FMLA rights.

Warning signs include:

• Your employer denies leave even though you are eligible, the reason qualifies under the FMLA, and you met applicable notice and certification requirements
• Your employer demands documentation beyond what the FMLA permits
• Your employer changes your work hours to prevent you from meeting FMLA eligibility requirements
• Your supervisor makes negative comments about your FMLA request or use of leave
• Your employer counts protected FMLA absences against you under an attendance policy
• Your position changes or disappears after you request or use FMLA leave
• Your employer denies your FMLA request while approving comparable requests from other employees

Timing can also provide important context. A schedule change, demotion, discipline, termination, or other adverse action soon after an employee requests or uses FMLA leave can support a claim that the employee’s exercise of FMLA rights influenced the decision.

Key Takeaway: Emails, schedules, leave records, disciplinary notices, and other contemporaneous documents can help show whether the employer applied its policies consistently and whether an adverse action was connected to the employee’s FMLA request or leave.

What Steps Should You Take After an FMLA Denial?

If your employer denies your FMLA request, review the reason for the denial and determine whether any information or documentation is missing. Taking the following steps can help you address the decision and preserve information relevant to a potential claim:

• Get the denial in writing: Ask your employer for the specific reason your FMLA request was denied. A written explanation can help you determine whether the denial was based on eligibility, notice, certification, or another issue.
• Review your company’s FMLA policy: Check your employee handbook and leave policies to see whether the required procedures were followed. Employees must follow an employer’s usual notice and procedural requirements unless unusual circumstances prevent compliance.
• Submit missing information: If the denial resulted from incomplete information or missing documentation, provide the requested materials promptly and keep copies of what you submit.
• Use the internal appeal process: If your employer provides a process for challenging a leave decision, submit a written appeal explaining why you qualify for FMLA leave and include supporting documentation.
• Keep relevant records: Save emails, leave forms, medical certifications, written notices, and notes about conversations concerning your request. Preserve only records you already possess or are legally entitled to keep.

Is FMLA Retaliation Different From a Denial?

Yes. An unlawful denial of FMLA-protected leave can constitute interference, while retaliation occurs when an employer takes an adverse action because an employee exercised or attempted to exercise FMLA rights. The same situation can involve both types of violations.

FMLA protections prohibit employers from:

• Interfering with, restraining, or denying the exercise of FMLA rights
• Using an FMLA request or leave as a negative factor in employment decisions, including promotion or discipline
• Disciplining an employee for taking protected FMLA leave
• Counting protected FMLA absences against an employee under a no-fault attendance policy

For example, an employee whose qualifying leave is wrongfully denied and who is later demoted or terminated because of the FMLA request can have claims involving both interference and retaliation. Reinstatement after a wrongful denial does not automatically resolve a retaliation claim based on adverse actions that occurred in the meantime.

What Remedies and Enforcement Options Are Available for FMLA Violations?

An employee whose FMLA rights were violated has two main enforcement options. One is to file a complaint with the Wage and Hour Division of the U.S. Department of Labor, which can investigate the alleged violation and take appropriate enforcement action. The other is to file a private lawsuit under 29 U.S.C. § 2617.

A prevailing employee can recover:

• Back pay and lost benefits
• Reinstatement to the same or an equivalent position
• Other actual monetary losses directly caused by the violation, such as the cost of care, subject to statutory limits
• Interest on recoverable damages
• Liquidated damages equal to the recoverable monetary damages plus interest, unless the employer establishes the statutory good-faith defense and the court reduces the award
• Reasonable attorney’s fees, expert witness fees, and other costs

Courts can also order equitable relief, including reinstatement or promotion. The statute of limitations is two years from the violation and extends to three years for a willful violation, so employees should consider these deadlines even while trying to resolve the dispute internally.

Key Takeaway: FMLA remedies can include compensation for financial losses, liquidated damages, reinstatement, and other equitable relief, depending on the violation and losses involved.

Does Florida Law Add Leave Protections Beyond FMLA?

Florida does not have a broad state-law equivalent to the FMLA for private-sector employees. However, state law provides specific leave protections for Florida state career service employees and for eligible employees affected by domestic or sexual violence.

Florida Statutes § 110.221 provides state career service employees with up to six months of unpaid parental or family medical leave. Employees can use certain accrued leave during this period and, upon return, are entitled to reinstatement to the same or an equivalent position with equivalent pay and specified accumulated benefits.

Florida Statutes § 741.313 applies to employers with 50 or more employees and to employees who have worked for the employer for at least three months. Eligible employees can take up to three working days of leave in 12 months for specified needs related to domestic or sexual violence affecting themselves or a family or household member. Except when there is imminent danger, employees must provide appropriate advance notice and sufficient documentation when required by the employer. Available annual, vacation, personal, and sick leave must be exhausted first unless the employer waives that requirement. The employer decides whether the leave is paid or unpaid, and the statute prohibits interference and retaliation.

Leave Law	Who It Covers	What It Provides
29 U.S.C. § 2612 (FMLA)	Eligible employees of covered employers	Up to 12 workweeks of unpaid, job-protected leave in a 12-month period, or up to 26 workweeks for military caregiver leave
Fla. Stat. § 110.221	Florida state career service employees	Up to six months of unpaid parental or family medical leave, use of certain accrued leave, and reinstatement rights
Fla. Stat. § 741.313	Eligible employees who have worked at least three months for an employer with 50 or more employees	Up to three working days of leave in a 12-month period for specified needs related to domestic or sexual violence

Key Takeaway: An FMLA denial does not automatically end the leave analysis. A separate Florida leave protection can apply based on the employee’s status and the reason for the absence.

Protect Your FMLA Rights After a Denial

An FMLA denial can create additional stress when you are already dealing with a serious health condition or caring for a family member. The reason for the denial, your certification and leave records, and any employment actions that followed can help determine whether your FMLA rights were violated.

Miami FMLA attorneys Jason D. Berkowitz and Anisley Tarragona represent employees facing denied leave, interference, and retaliation. We assess whether an employer complied with FMLA requirements, communicate with the employer, assist with Wage and Hour Division complaints, and pursue legal action when an employee’s FMLA rights have been violated.

Call BT Law Group, PLLC at (305) 507-8506 to schedule a confidential case evaluation. The firm represents employees throughout Miami-Dade County and South Florida.

Frequently Asked Questions About FMLA Denials in Miami

Can my employer deny FMLA leave if I have not worked there for a year?

Yes. To qualify for FMLA leave, an employee must have worked for the employer for at least 12 months and completed at least 1,250 hours of service during the 12 months before the leave begins. The 12 months do not have to be consecutive, so previous periods of employment with the same employer can count toward the requirement.

Can my employer require a second medical opinion?

Yes, in certain circumstances. If an employer has reason to doubt the validity of a medical certification for the employee’s or a family member’s serious health condition, it can require a second opinion at its own expense. The employer can select the health care provider but cannot regularly employ or routinely use that provider, except in areas where access to health care is extremely limited.

How long does my employer have to restore my job after FMLA leave?

An eligible employee returning from FMLA leave is entitled to restoration to the same position or an equivalent position with equivalent pay, benefits, and other terms and conditions of employment. Restoration ordinarily occurs when the employee returns from leave, subject to limited exceptions, including certain fitness-for-duty requirements and situations in which the employee would not have remained employed regardless of the leave.

Can I be fired while on approved FMLA leave?

Yes, in certain circumstances. FMLA leave does not provide greater employment rights than an employee would have had without taking leave. An employer can terminate an employee for an independent, non-retaliatory reason, such as a companywide layoff or misconduct unrelated to the leave. A termination connected to the exercise of FMLA rights can support an interference or retaliation claim.

What is the deadline to file a Department of Labor complaint?

The deadline is two years from the date of the FMLA violation or three years for a willful violation. The same limitations periods apply to a private lawsuit under 29 U.S.C. § 2617.