Instead of approval, you receive pushback or a denial. Suddenly you are left wondering whether your job is protected or whether your employer can simply refuse.
The short answer is this: an employer can deny an FMLA request in certain circumstances. But many denials are improper. Understanding the difference matters.
Who Qualifies for FMLA in New York?
The Family and Medical Leave Act is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for specific family and medical reasons.mTo qualify, you must:
- Have worked for your employer for at least 12 months
- Have worked at least 1,250 hours in the 12 months before leave begins
- Work at a location where the employer has at least 50 employees within a 75-mile radius
If those conditions are met and your reason for leave qualifies, your employer must provide FMLA protection.
When Can an Employer Legally Deny FMLA Leave?
Denial is not automatically unlawful. In some cases, an employer may deny FMLA if specific requirements are not met.
For example, if your need for leave is foreseeable and you fail to provide 30 days’ notice without justification, the employer may delay or deny leave. If your medical certification is incomplete or insufficient and you do not correct it after being given the opportunity, denial may also be lawful.
Employers are allowed to request proper documentation. They are not allowed to use paperwork as a tool to block legitimate leave.
When FMLA Denials Cross the Line
Problems arise when employers misapply eligibility rules, exaggerate documentation requirements, or discourage leave altogether. Some common unlawful scenarios include:
- Claiming you are not eligible when you meet the hour and service requirements
- Refusing to count qualifying medical conditions as serious health conditions
- Failing to notify you of certification deficiencies and denying leave without giving you a chance to correct them
- Retaliating against you for requesting or taking FMLA leave
An employer cannot interfere with, restrain, or retaliate against your use of FMLA rights.
How New York Paid Family Leave Interacts with FMLA
In addition to federal FMLA, New York offers Paid Family Leave. While FMLA provides unpaid job-protected leave, New York Paid Family Leave offers wage replacement for certain qualifying situations, such as bonding with a new child or caring for a seriously ill family member.
These laws often run concurrently but are not identical. Understanding how they overlap can affect how long your job is protected and whether you receive pay during leave.
Mistakes in coordination are common. So are improper denials.
What to Do If Your FMLA Request Is Denied
If your request is denied, start by reviewing the reason given. Confirm that your eligibility requirements were satisfied and that your documentation was complete. Save all communications related to your request, including internal emails and HR responses.
Then consider speaking with an NYC FMLA lawyer. Timing matters. If your leave is urgent, delay can increase the risk to your position.
In some cases, a denial can be resolved quickly once legal counsel becomes involved. In others, formal action may be necessary to protect your rights.
Do Not Let a FMLA Denial Go Unchallenged
FMLA exists to protect employees during serious medical and family situations. Employers cannot rewrite the rules when leave becomes inconvenient.
Mizrahi Kroub LLP represents employees across New York in disputes involving denied leave, interference with FMLA rights, and retaliation after medical absences. As a plaintiff-side employment law firm based in New York City’s Financial District, we understand how employers frame denials and how to evaluate whether those denials comply with the law.
If your FMLA request has been denied or delayed, contact Mizrahi Kroub to speak with an experienced FMLA lawyer in NYC. The sooner you review your situation, the better positioned you are to protect your job before the consequences escalate.
