Can my employer deny my request for FMLA leave?

Yes, your employer may deny your request for FMLA leave in Texas. Under the federal Family and Medical Leave Act (FMLA), eligible employees are entitled to up to 12 weeks of unpaid, job-protected leave each year for certain medical and family reasons. This leave is available to anyone who works for an employer that employs at least 50 people and who works at least 1250 hours during the 12-month period prior to the start of the leave. Although Texas does have a state-level version of the Family and Medical Leave Act, employers are not required to provide FMLA leave here, as Texas employers are only required to comply with the federal rules. Therefore, your employer is not obligated to provide you with FMLA leave and can deny your request. The FMLA also allows employers to deny requests for leave related to certain conditions such as for an employee’s own serious health condition or a family member’s serious health condition. Your employer may also deny your request if you have not provided sufficient medical certification or other documentation to support your request. Furthermore, employers may deny a request for leave if no leave is available because the employer has already used up all of its available FMLA leave in the current year. In certain situations, your employer cannot deny your request for Family and Medical Leave Act leave, however. If you are eligible for FMLA leave, then your employer is legally obligated to provide you with the requested leave, regardless of the reason for your request. If your employer fails to do so, you may have a right to pursue a claim for FMLA violations.

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Can my employer deny my request for FMLA leave?

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