Federal laws extend numerous protections to workers. Workers have the right to minimum wage and overtime pay in many cases. They have the right to request medical accommodations if they have debilitating medical conditions. They can also ask to take unpaid leave in certain qualifying circumstances.
Under the Family and Medical Leave Act (FMLA), employees have the right to request up to 12 weeks of unpaid leave in qualifying circumstances. People who have added a child to their families, those experiencing medical hardship and those intending to support an immediate family member with medical needs may qualify for leave under the FMLA.
Some employers resent the obligation to accommodate a lengthy leave of absence and may try to unfairly deny a worker’s request. Occasionally, employers may actually have the right to deny an FMLA leave request. When can employers refuse to grant unpaid leave?
When the worker is new or works limited hours
An adequate work history is one of the base requirements of the FMLA. The law extends protections to workers who have maintained a job with the company for at least 12 months. Additionally, the worker needs to have performed at least 1,250 hours of work for the company within those 12 months. New hires, seasonal workers and part-time employees may not technically be eligible for leave under the FMLA. Employers could deny their leave requests without violating the law.
When the company is small
Medium-sized businesses and larger organizations can generally accommodate a worker’s leave of absence. They can redistribute staffing or hire temporary workers to cover their responsibilities. Smaller companies may not be able to accommodate a leave request without facing hardship. The FMLA typically only applies when a company has at least 50 workers within 75 miles of where the employee requesting leave works. Small businesses that cannot easily accommodate a worker’s absence can deny leave requests without violating the terms of the FMLA.
When circumstances do not qualify
Sometimes, workers misunderstand their rights. They might try to take unpaid leave to offer medical support to a sibling, for example, which is not a qualifying relationship for family leave under the FMLA. They might ask for time off to grieve after someone dies, which does not fall under the FMLA. If workers misunderstand their rights and request leave in scenarios where the FMLA does not apply, an employer does not have to honor their request.
Unfortunately, even those who have direct protection under the FMLA may find that their employers are less than supportive when they require unpaid leave. Those professionals may need help holding their employers accountable. Initiating a civil lawsuit can potentially force a company to change its practices and can compensate a worker for the consequences of the company denying their leave request or terminating their employment.