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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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