Can an employer deny an employee's request to take FMLA leave?

In Texas, employers can deny an employee’s request for Family and Medical Leave Act (FMLA) leave if the employee does not meet the law’s specific eligibility requirements. To be eligible for leave, an employee must work for a covered employer, have worked for the employer for at least 12 months, and have worked for at least 1,250 hours in the 12 months prior to the start of leave. Furthermore, the employee must work at a location that employs at least 50 employees within 75 miles. Employers may also deny an employee’s request if the leave is not for a qualifying reason, such as a serious health condition or the birth or placement of a child. Additionally, the employee must provide the employer with a required medical certification, if applicable. An employer may also deny an employee’s request if the employee has already exhausted their 12 weeks of leave in that 12-month period or if the employer can demonstrate that another employee is better qualified or available to perform the job. In some cases, an employer may be able to deny an employee’s request if they can prove that providing the leave would cause considerable and severe financial hardship to the employer. Overall, employers are generally allowed to deny an employee’s request for FMLA leave, but it is important to review the requirements outlined by the law to ensure that the leave is denied for a valid reason.

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Can an employer deny an employee's request to take FMLA leave?

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