The legality of an employer denying a request for a leave of absence depends entirely on the type of leave requested and the employee’s specific eligibility. Understanding the difference between legally mandated time off and company-granted benefits is the first step in knowing your rights. The legal standing of a denial is determined by a complex interplay of federal, state, and company policies that establish varying levels of job protection.
Protected Versus Discretionary Leave
The fundamental distinction in leave requests lies between legally protected leave and discretionary leave. Protected leave is a statutory right, meaning the employer must grant the time off if the employee meets the specified criteria. This category includes federal mandates like the Family and Medical Leave Act (FMLA), as well as state and local laws that provide job-protected time off. Denial of protected leave, when the employee is eligible, is generally unlawful.
Discretionary leave, conversely, is a benefit granted solely at the employer’s will and internal policy. This type of leave includes standard personal days, extended vacation, or self-requested sabbatical time. Since these leaves are not mandated by law, an employer maintains the right to set the terms for their use and can deny a request based on operational needs. The decision to approve or deny discretionary time off is a business decision, not a legal obligation, provided the denial is not discriminatory or retaliatory.
When Federal FMLA Leave Can Be Legally Denied
The federal FMLA provides up to 12 workweeks of unpaid, job-protected leave for specific family and medical reasons. However, an employer can legally deny a request if the employee or the company does not meet all eligibility requirements. A primary ground for denial is the size of the employer, as the FMLA only covers private-sector companies with 50 or more employees working within a 75-mile radius. If the employer falls below this threshold, the federal law does not apply.
The employee must also meet specific eligibility criteria to qualify for FMLA leave. The employee must have worked for the employer for a total of at least 12 months, which does not need to be consecutive. Additionally, the employee must have worked a minimum of 1,250 hours during the 12 months immediately preceding the leave request. Failure to meet either the time-in-service or the hours-worked requirement is a valid basis for an employer to deny the FMLA request.
Even when the employer and employee meet coverage requirements, the requested time off must be for a qualifying reason. FMLA leave is limited to the birth or adoption of a child, the care of a spouse, child, or parent with a serious health condition, or the employee’s own serious health condition preventing them from performing job functions. An employer can deny the request if the medical condition does not meet the legal definition of a “serious health condition,” or if the employee has already exhausted their 12 weeks of leave within the designated 12-month period. If the employer requests medical certification to verify the need for leave, failure to provide a complete and sufficient certification in a timely manner is also grounds for denial.
The Impact of State and Local Leave Laws
A denial permissible under federal FMLA may still be illegal under state or local statutes, as many jurisdictions provide broader employee protections. State-level family and medical leave programs frequently expand coverage by requiring fewer employees for a business to be covered, sometimes applying to employers with only one worker. These laws often offer more generous benefits or define “family member” more broadly, extending eligibility to individuals not covered under federal law, such as siblings, grandparents, or domestic partners.
Numerous states and municipalities have enacted mandatory paid sick leave laws, guaranteeing employees a certain amount of paid time off that an employer cannot deny. Some states, such as California, have expanded leave rights to cover reasons beyond the scope of federal law, including time off for domestic violence or sexual assault victim services. If an employee meets the criteria for a state or local law, the employer must grant the leave, even if the employee is ineligible for FMLA due to the company’s size or the employee’s shorter tenure.
Denial of Non-FMLA (Discretionary) Leave
Requests for leave that do not fall under federal or state mandates are considered discretionary, giving an employer wide latitude to deny them. This includes requests for personal leave, extended leave for non-serious medical issues, or vacation time beyond accrued paid time off (PTO). In these situations, the employer can deny the request based on legitimate operational needs, often referred to as “business necessity.”
Common reasons for denying discretionary time off include staffing shortages, peak business periods, or failure to provide adequate advance notice. The denial is generally not legally actionable because the time off is a company benefit, not a legal right. The employer retains control to ensure business continuity. The primary constraint on denying discretionary leave is that the decision cannot be discriminatory based on an employee’s protected characteristics like race, gender, or religion.
Practical Steps for Requesting Leave to Avoid Denial
Employees can improve the likelihood of a leave request being approved by following established protocols and providing sufficient detail. For foreseeable leave, such as scheduled surgery, employees should provide the employer with at least 30 days’ advance notice, as required under FMLA regulations. If the need for leave is unexpected, the employee must notify the employer as soon as practicable, ideally on the same day or the next business day.
Employees should use specific language when requesting time off, providing enough information for the employer to understand that the absence may qualify for protected leave. While an employee does not have to explicitly mention “FMLA,” stating the need for time off due to a “serious health condition” or to “care for a hospitalized spouse” is necessary for the employer to initiate the proper process. Promptly submitting all required medical certification from a healthcare provider is essential, as failure to do so is a common reason for the employer to deny the request.
What to Do If Your Leave Request Is Denied
If a leave request is denied, the employee should first ask the employer for the specific reason in writing. If the denial concerns a potentially protected leave, such as FMLA or state-mandated leave, the employee should review the denial against the statutory eligibility criteria. For FMLA, the employer must inform an ineligible employee of the reason for ineligibility within five business days of the request.
If the employee believes the denial of a protected leave was improper, they have two main avenues of recourse. They can file a formal complaint with the U.S. Department of Labor’s Wage and Hour Division, which oversees and enforces the FMLA. The DOL will conduct an investigation to determine if a violation occurred. Alternatively, the employee may consult with an employment attorney to pursue a private lawsuit in state or federal court, seeking remedies such as reinstatement, lost wages, and damages.