Can an employer deny an employee's request to take FMLA leave?
Yes, an employer in Colorado can deny an employee’s request to take FMLA leave if the employee does not meet the requirements of the Family and Medical Leave Act (FMLA). In order to be eligible for FMLA leave, an employee must have worked at least 1,250 hours for the employer during the 12 months prior to the leave. Additionally, the employer must have at least 50 employees that work within 75 miles of the employee’s worksite. Additionally, the employee must be requesting the leave for one of the recognized reasons, such as birth of a child, care of a family member with a serious health condition, or serious health condition of the employee. An employer can deny an employee request to take FMLA leave if the employee does not meet all the requirements. Employers can also deny FMLA leave if the employee has already taken the maximum amount of leave permitted under the FMLA. The maximum amount of leave time allowed under the FMLA is 12 weeks of leave in a 12-month period. Once an employee has taken 12 weeks of FMLA leave, the employer can deny any additional requests for leave. An employer cannot deny an employee’s request to take a FMLA leave on the basis of an employee’s race, color, sex, national origin, age, or disability. If an employee believes their FMLA leave was denied for a discriminatory reason, the employee may file a complaint with the US Department of Labor.
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