Can my employer deny my FMLA/time off request for a needed surgery?

UPDATED: Oct 1, 2022

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Can my employer deny my FMLA/time off request for a needed surgery?

I am under the care of a physician for a broken bone in my foot. I requested time off and FMLA to have my surgery in a timely fashion since I’m on my feet all

day everyday. I was denied my request to have my surgery within a timely period.

Asked on July 29, 2018 under Employment Labor Law, South Dakota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, your employer may NOT deny your FMLA leave request. Assuming you are eligible for FMLA leave (employer has 50 or more employees; you have worked there at least one year and worked at least 1,250 hours in the last 12 months), you are entitled to take it when you need it, and your employer has no say in the matter. If your employer is improperly denying you FMLA leave, contact your state or federl department of labor.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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