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

You’ve requested time off to care for a sick family member, recover from your own serious health condition, or bond with a new child. But then comes an unexpected response from your employer: denial.

This situation leaves many Florida employees wondering: Can an employer deny leave under the Family and Medical Leave Act, or FMLA?

At BT Law Group, we regularly see cases where employees’ FMLA rights have been violated through improper denial of leave. Let’s break down when employers can legally deny your FMLA request—and what steps to take when they shouldn’t have.

When Employers Can Legally Deny FMLA Leave

While the Family and Medical Leave Act provides important protections, not every leave request qualifies. Here are legitimate reasons an employer might deny your FMLA request:

You Don’t Meet Eligibility Requirements

To qualify for FMLA leave, you must:

• Work for a covered employer (private companies with 50+ employees, public agencies, schools);
• Have worked for your employer for at least 12 months;
• Have accumulated at least 1,250 work hours in the past 12 months; and
• Work at a location with at least 50 employees within a 75-mile radius

If you fall short on any of these requirements, your employer can legally deny your request.

You Failed to Provide Proper Notice

For planned medical procedures or other foreseeable situations, you must give your employer 30 days’ notice when possible. For unexpected situations, you must notify your employer “as soon as practicable”—typically within the timeframe required by your employer’s usual absence policies.

For example, if Derrick’s child has a severe asthma attack requiring emergency room treatment, he’s not expected to call his employer while his child is receiving emergency care. However, once reasonably possible, he should notify his employer.

You Didn’t Provide Required Documentation

Employers can request medical certification of your serious health condition or that of a family member. If you don’t provide this documentation within 15 calendar days (unless it’s not reasonably possible to do so), your employer may deny your leave.

You’ve Exhausted Your FMLA Leave

FMLA provides 12 weeks of leave within a 12-month period. If you’ve already used your allotment, your employer can deny additional FMLA leave until your entitlement renews.

You’re Using FMLA for Non-Qualifying Reasons

If your employer has evidence that you’re using FMLA leave fraudulently or for purposes not covered by the law, they can deny your request.

Signs Your FMLA Denial May Be Unlawful

Not all FMLA denials are legitimate. Watch for these red flags:

• Your employer denies leave despite your meeting all eligibility requirements
• Your employer requires excessive documentation beyond what FMLA allows
• Your employer changes your work hours to prevent you from reaching eligibility
• Your supervisor makes negative comments about your FMLA request
• Your employer counts FMLA absences against you in attendance policies
• Your position changes or disappears after requesting FMLA leave
• Your employer denies FMLA to you, but approves similar requests from others

5 Steps to Take When Your FMLA Leave Is Denied

If your employer has denied your FMLA request, don’t simply accept the decision without question. Take these steps to protect your rights:

1. Get the Denial in Writing

Ask your employer to provide the specific reason for denying your FMLA request in writing. This creates a paper trail that may prove valuable if you need to challenge the decision later.

2. Check Your Company’s FMLA Policy

Review your employee handbook or company FMLA policy to ensure your employer followed proper procedures. Many employers have specific forms and processes for FMLA requests that they must follow consistently.

3. Submit Missing Information

If your request was denied due to incomplete information or missing documentation, promptly provide what’s needed. Keep copies of everything you submit.

For example, if Bill takes unforeseeable leave for a chronic health condition flare-up but notifies his employer two days after the leave begins, the employer may delay FMLA coverage by two days—but cannot deny it entirely if Bill otherwise qualifies.

4. Appeal the Decision Internally

If your company has an appeals process for denied leave requests, use it. Submit a written appeal explaining why you believe you qualify for FMLA leave and include any supporting documentation.

5. Document Everything

Keep detailed records of all communications regarding your FMLA request:

• Dates and times of conversations
• Names of people involved
• Copies of all paperwork
• Notes about what was discussed

What an Employment Attorney Can Do to Help

If your internal appeals are unsuccessful, it’s time to consult with an employment attorney. At BT Law Group, we can:

• Evaluate whether your employer violated your FMLA rights
• Help you gather appropriate evidence
• Communicate with your employer on your behalf
• Guide you through filing a complaint with the Department of Labor
• Represent you in litigation if necessary

Legal Options When Your FMLA Rights Are Violated

If your employer wrongfully denied your FMLA leave, you have two main legal options:

File a Complaint with the Department of Labor

You can file a complaint with the Wage and Hour Division of the U.S. Department of Labor within 2 years of the violation (3 years for willful violations). The DOL can investigate and may take action against your employer.

File a Lawsuit

You have the right to file a lawsuit against your employer for FMLA violations. If successful, you may receive:

• Back pay and benefits you lost
• Reinstatement to your position
• Compensation for actual monetary losses
• Liquidated damages (equal to your lost wages and benefits)
• Attorney’s fees and court costs

Signs of FMLA Retaliation or Interference

Many employees face not just denial of leave but retaliation for requesting it. The FMLA specifically prohibits employers from:

• Interfering with your FMLA rights
• Using your FMLA request as a factor in negative employment decisions
• Disciplining you for using FMLA leave
• Counting FMLA leave in attendance policies

If you’re demoted, given less desirable assignments, or terminated after requesting FMLA leave, you may have both an interference and a retaliation claim.

Don’t Face FMLA Denial Alone

If your FMLA leave has been denied despite your eligibility, you don’t have to accept this decision. At BT Law Group, we’ve helped countless Florida employees secure the FMLA leave they’re legally entitled to and recover damages when their rights were violated.

Remember, the FMLA exists to help you balance your work responsibilities with your family and medical needs. When employers fail to honor these important protections, you have the right to take action.

Contact BT Law Group today for a consultation about your FMLA denial. We’ll evaluate your situation, explain your options, and fight to protect your rights under the law.