Can my employer deny FMLA leave? In certain circumstances, an employer may legally deny a request for leave under the Family and Medical Leave Act if the employee does not meet the eligibility requirements. Generally, employees must work for a covered employer, have been employed for at least 12 months, and have worked at least 1,250 hours during the previous year to qualify. Employers may also deny leave if the reason does not meet FMLA guidelines or if proper documentation is not provided. However, eligible employees who satisfy all requirements are entitled to protected leave, and an improper denial could violate federal law. Understanding your rights under the FMLA is essential when addressing a denied leave request.