Skip to main content

How long does a company have to deny/ approve fmla

44483 |

If i was approved originally for (medical loa) fmla can they send back months later and deny me for the same days that were origianally approved?

Attorney Answers 1


Employees are eligible to take FMLA leave if they have worked for their employer for at least 12 months, and have worked for at least 1,250 hours over the previous 12 months, and work at a location where at least 50 employees are employed by the employer within 75 miles. In most situations, the employer cannot count leave as FMLA leave retroactively. Remember, the employee must be notified in writing that an absence is being designated as FMLA leave. If the employer was not aware of the reason for the leave, leave may be designated as FMLA leave retroactively only while the leave is in progress or within two business days of the employee's return to work. Subject to certain limitations, your employer may deny the continuation of FMLA leave due to a serious health condition if you fail to fulfill any obligations to provide supporting medical certification. The employer may not, however, require you to return to work early by offering you a light duty assignment. Ultimately, if you are an "eligible" employee who has met FMLA's notice and certification requirements (and you have not exhausted your FMLA leave entitlement for the year), you may not be denied FMLA leave.

Legal disclaimer: The above information is shared for educational and discussion purposes only. No attorney-client relationship is intended or established through your reliance on the information provided. If your legal rights could be impacted by using this information, you are urged to seek legal counsel before taking action.

Mark as helpful

1 comment



i understand that i didn't have the 1250 hours in, but since they were approved over 2 months ago can they now go back and deny them? being that they didn't deny them from the beginning does it count as their mistake or mine to where the points will count against me or has too much time lapsed? i believe this error should have been caught way before this and now i could be on the verge of termination in an event to where i had no prior knowledge about

Employment topics

Recommended articles about Employment

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics