FMLA Denial Attorney

An employer can deny FMLA leave only if the employee does not meet eligibility requirements (12 months of employment, 1,250 hours worked, employer has 50+ employees within 75 miles) or if the condition does not qualify as a serious health condition. Employers cannot deny leave because of workload, staffing concerns, or timing. Wrongful denial of eligible FMLA leave is interference under 29 U.S.C. § 2615.

California's CFRA (Gov. Code § 12945.2) is broader: it applies to employers with 5+ employees (vs. FMLA's 50), does not require the 75-mile proximity test, covers registered domestic partners, and provides separate leave for pregnancy disability. CFRA leave runs concurrently with FMLA in most cases, but the lower employer threshold means many more California workers are covered.

Employers may require a medical certification from a healthcare provider, but the certification need only confirm the existence of a serious health condition, the probable duration, and why the employee cannot perform job functions. Employers cannot require a specific diagnosis. Recertification is limited to every 30 days unless circumstances change. Excessive documentation demands may constitute interference.

Request the denial in writing with specific reasons. Review your eligibility and your medical condition's qualification. File a complaint with the U.S. Department of Labor Wage and Hour Division or the California Civil Rights Department. You can also file a lawsuit for FMLA interference. Document all communications about your leave request and any adverse actions that follow.