Can my employer deny my request for FMLA leave?
Yes, your employer can deny your request for FMLA leave in Virginia. According to the federal law, employers are allowed to deny requests for FMLA leave if they can provide proof that the leave would cause economic damage to their company. Other reasons an employer may deny a request for FMLA leave include if the employee has not worked for their employer long enough to qualify or if the employee has not worked enough hours to qualify. Employees must have worked for their employer for at least 12 months and have worked at least 1,250 hours over the past 12 months to be eligible for FMLA leave. Employers may also deny leave requests if the employee does not provide the required certification from a healthcare provider that the leave is needed for a serious health condition. Employees must give their employers at least 30 days’ notice if they need FMLA leave for a known condition, such as a planned medical procedure. Lastly, an employer can deny a leave request if the employee fails to follow the employer’s policy for requesting and taking FMLA leave. Employers should make sure employees know their policy and can provide proof if needed. This means that employers can deny a request for FMLA leave if they can provide evidence that it would cause economic harm to their business or if the employee does not meet the necessary requirements.
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