Can My Employer Deny FMLA Leave in Florida

By Michelle Cohen Levy

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Family and Medical Leave Act (FMLA)

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Last Modified on Sep 21, 2026

When a professional faces a serious health crisis or family challenge that requires all of their attention, effort, and care, they may begin planning how they’ll approach time away from work. But then, the question may arise about whether their leave will be approved. Workers in the Sunshine State may wonder, “Can my employer deny FMLA leave in Florida?”

Under federal law, eligible workers receive protected time off for serious personal health issues or family caregiving responsibilities. Yet, many Florida employees discover that their requests are denied or delayed, sometimes unlawfully. A Fort Lauderdale employment lawyer can help clarify whether a denial violates federal or state labor protections and guide you through the steps to assert your rights.

Valid Grounds for Denial Under Federal Statutes

The Department of Labor’s Wage and Hour Division reported that in Fiscal Year 2025, unlawful leave denials were the most common FMLA violation, with 116 cases. Disciplinary action and other forms of discrimination were next, with 106 cases. This is in line with data from the previous year that showed that FMLA leave denials made up 33% of violation cases in Fiscal Year 2024.

However, there are some situations where leave denials are lawful. Employers maintain specific legal defenses to withhold statutory leave without breaching federal mandates. Common lawful reasons for denying leave requests include:

• Ineligibility if the employee has worked for less than 12 months or logged fewer than 1,250 hours in the preceding year
• Small business exemptions if the company has fewer than 50 employees within a 75-mile radius of the worksite
• Incomplete certifications because the individual didn’t submit the required medical documentation within designated 15-day timeframes
• Non-qualifying events if the requested time off involves routine minor illnesses or non-covered relative care
• Key employee exemption, as high-salaried key personnel, typically the top 10% of company earners, if reinstatement causes substantial, grievous economic hardship to corporate operations

Strategic Reasons to Hire an FMLA Lawyer

Organizations sometimes improperly reject requests due to administrative oversights or misinterpretations of complex regulations. In many cases, however, it’s deliberate retaliation. An employer acts unlawfully when refusing leave to an individual who meets all statutory criteria or when creating unreasonable barriers to discourage workers from submitting formal requests. Denial is only one of the ways managers break FMLA rules, and the rest can be harder to spot.

If management miscalculates service hours, ignores qualified medical documentation, or penalizes you for requesting time off, you have the right to challenge the decision. That last situation is punishment for using a protected right, which federal law treats as a separate violation from the denial itself.

Reach Out to The Law Office of Michelle Cohen Levy, P.A.

When you want to hire an FMLA lawyer, your search for a Florida FMLA attorney doesn’t have to go any further than The Law Office of Michelle Cohen Levy, P.A. Our founding attorney, Michelle Cohen Levy, leverages her knowledge of federal and state employment laws to provide counsel that’s legally sound and relevant.

She knows how to litigate complex FMLA cases in the 17th Judicial Circuit Court of Florida on SE 6th Street in Fort Lauderdale when employers refuse to honor statutory rights. Previous case outcomes don’t influence or determine future case results. Nevertheless, you can count on Michelle Cohen Levy to provide personalized advice that suits your professional and personal needs and accurately guide you through the various procedural rules of the court.

Secure Your Rights Under the Law

If an employer improperly rejected your request or threatened your position following a medical emergency, take decisive action. Contact The Law Office of Michelle Cohen Levy, P.A., today to defend your rights under federal law.