How to Lawfully Deny an FMLA Leave Request: Step-by-Step Employer SOP (2026)

The High Stakes of Denying FMLA Leave

Denying an employee's request for Family and Medical Leave Act (FMLA) leave is the single most litigated action in federal employment law. Under 29 U.S.C. § 2615(a)(1), an unlawful denial constitutes statutory interference, subjecting the employer to strict liability, mandatory back pay, front pay, liquidated damages (double damages), and the employee's attorney's fees.

However, employers are under no obligation to approve requests that do not satisfy federal requirements. A lawful denial requires meticulous adherence to statutory procedures, specific written notices, and strict preservation of employee cure windows.

The Only 4 Lawful Grounds to Deny an FMLA Request

1. Employer Non-Coverage: The employer does not employ 50 or more employees within a 75-mile radius, or did not employ 50+ staff for 20 workweeks in the current or preceding calendar year under 29 CFR § 825.104. (Note: verify state law like California CFRA or New York PFL before denying, as state thresholds are often as low as 1 to 5 staff).

2. Employee Ineligibility: The employee has worked for the employer for less than 12 total months (accounting for the 7-year lookback rule under § 825.110(b)), or has completed fewer than 1,250 actual hours of service during the 12 months immediately preceding the leave start date.