Can my employer deny my request for FMLA leave?
Yes, your employer can deny your request for FMLA leave in North Carolina, but only under certain circumstances. The North Carolina Family and Medical Leave Act (FMLA) guarantees eligible employees job-protected and unpaid leave for certain family and medical reasons. Before denying your leave, however, your employer must first determine if you meet the eligibility requirements for FMLA leave. This includes working for the same employer for at least 12 months and having worked at least 1,250 hours during the 12 months prior to the start of leave. If an employee meets the eligibility requirements for FMLA leave, their employer must provide them with the leave requested, unless the leave would cause undue hardship on the employer’s business. This means that if providing the requested leave would cause significant difficulty or expense for the employer, they may be able to deny the request. It is important to note that employers may not deny leave for any reason other than undue hardship. Furthermore, any denial must be in writing and include specific reasons why the FMLA leave was denied. In summary, your employer may be able to deny your request for FMLA leave in North Carolina if it will cause undue hardship on the employer. However, your employer must provide you with a written notification of the denial and include specific reasons why the leave was denied.
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