You’ve been dealing with a serious medical diagnosis, or maybe your newborn is finally coming home from the NICU. You walk into HR, fill out the paperwork, and submit your leave request, only to get a flat-out denial. Your stomach drops. Can they actually do that?
If your employer denied FMLA leave in Maryland, the answer is sometimes yes, but often no. And the difference matters enormously.
Maryland workers are protected by one of the most established workplace leave laws in the country, the federal Family and Medical Leave Act (FMLA), codified at 29 U.S.C. § 2601 et seq. But the law has specific eligibility requirements, and employers do have limited circumstances in which they may lawfully deny leave. Knowing where those lines are drawn is the first step to protecting yourself.
What Is FMLA and Who Does It Cover in Maryland?
The FMLA is a federal law that gives eligible employees up to 12 weeks of unpaid, job-protected leave per year for qualifying family and medical reasons. It applies in every state, including Maryland. During that leave period, your employer generally must maintain your group health coverage under the same terms and conditions as if you had continued working. For the FMLA to apply, both your employer and you must meet certain requirements.
Covered Employers
Under 29 U.S.C. § 2611, the FMLA generally applies to:
- Private employers with 50 or more employees for at least 20 workweeks in the current or preceding calendar year
- Federal, state, and local government agencies, regardless of employee count
- Public and private elementary and secondary schools, regardless of employee count
Eligible Employees
To qualify for FMLA leave, you generally must:
- Have worked for the employer for at least 12 months
- Have worked at least 1,250 hours during the 12 months immediately before the leave begins
- Work at a location where the employer has at least 50 employees within a 75-mile radius
The 12 months of employment do not have to be consecutive. However, employment periods separated by a break of more than seven years generally do not count unless the break resulted from military service obligations or certain written reemployment agreements.
If your worksite has fewer than 50 employees but your employer has additional locations within 75 miles that bring the total workforce to 50 or more employees, you may still qualify for FMLA protection. This often surprises employees working in smaller satellite offices while their employer maintains larger operations nearby.
What Qualifies as an Approved Reason for FMLA Leave?
Even if you and your employer meet the FMLA’s coverage requirements, leave is only available for specific qualifying reasons.
Under the FMLA, eligible employees may take leave for:
- The birth of a child and bonding with that child during the first 12 months after birth
- The placement of a child through adoption or foster care and bonding during the first 12 months after placement
- Caring for a spouse, child, or parent with a serious health condition
- The employee’s own serious health condition when it prevents them from performing the essential functions of their job
- A qualifying exigency arising from a spouse’s, child’s, or parent’s covered military service
- Military caregiver leave of up to 26 workweeks to care for a covered servicemember with a serious injury or illness when the employee is the spouse, child, parent, or next of kin
It is also important to understand what the FMLA does not cover. In most situations, leave to care for a sibling, grandparent, grandchild, parent-in-law, or domestic partner is not protected under the federal FMLA. Many employees mistakenly assume these relationships qualify, only to discover later that the law provides no protection for the absence.
The term “serious health condition” has a specific legal meaning. Under 29 C.F.R. § 825.113, the condition generally must involve inpatient care or continuing treatment by a healthcare provider. Conditions such as cancer, severe pregnancy complications, significant mental health conditions, or chronic illnesses requiring ongoing treatment often qualify. By contrast, routine colds, minor illnesses, and short-term conditions that do not require continuing medical treatment generally do not qualify for FMLA protection.
When Can Your Maryland Employer Legally Deny Your FMLA Request?
Your employer cannot simply deny a valid FMLA request because your absence is inconvenient or creates staffing challenges. However, there are situations where an FMLA denial is lawful. Understanding these rules is an important part of protecting your FMLA denial rights in Maryland.
You Do Not Meet the Eligibility Requirements
An employer may lawfully deny FMLA leave if you do not satisfy the law’s eligibility requirements. Common examples include:
- You have worked for the employer for fewer than 12 months
- You have not worked at least 1,250 hours during the previous 12 months
- Your worksite does not have at least 50 employees within a 75-mile radius
- Your employer is not otherwise covered by the FMLA
The Reason for Leave Does Not Qualify
Even if you are eligible, the leave itself must be for a qualifying reason. An employer may deny FMLA protection if:
- The condition does not meet the legal definition of a serious health condition
- The family relationship involved is not covered by the FMLA
- The leave request falls outside the categories protected by federal law
The employer may still have obligations under other federal or Maryland laws, but the absence may not qualify for FMLA protection.
You Have Exhausted Your FMLA Leave
Eligible employees generally receive up to 12 workweeks of FMLA leave during a designated 12-month period. Once that entitlement is exhausted, an employer may deny additional FMLA leave until a new eligibility period begins.
However, exhausting FMLA leave does not always end an employer’s obligations. In some situations, employees with qualifying disabilities may have additional rights under the Americans with Disabilities Act (ADA), including the possibility of additional unpaid leave or another reasonable accommodation.
Employers may calculate the 12-month period using different methods, including a rolling 12-month period measured backward from the date leave is used. Understanding which method your employer uses can be important when calculating available leave.
Notice Requirements Can Affect Approval
When the need for leave is foreseeable, such as for a scheduled surgery or an expected birth, employees generally must provide at least 30 days’ notice when practicable.
When the need for leave is unforeseeable, notice must be provided as soon as practicable under the circumstances. Failure to provide required notice can result in delayed or denied FMLA protection.
Medical Certification Problems Frequently Lead to Denials
One of the most common reasons employers deny or delay FMLA leave involves medical certification issues.
Employers may require a healthcare provider to complete a medical certification supporting the need for leave. Employees generally have 15 calendar days to return the certification unless circumstances make timely compliance impracticable despite diligent efforts.
If a certification is incomplete or insufficient, the employer generally must identify the deficiency and provide an opportunity to correct it before denying leave. However, failing to provide a complete certification within the required timeframe can result in a lawful denial.
Employers May Request Additional Medical Opinions
If an employer has a legitimate reason to question a medical certification, the FMLA allows the employer to require a second medical opinion at the employer’s expense. If the first and second opinions conflict, a third opinion may be obtained, and that opinion is generally binding on both parties.
An employer cannot simply reject a doctor’s certification because it disagrees with the diagnosis, but it may use the procedures allowed under the FMLA to verify the need for leave.
The “Key Employee” Exception
There is one additional narrow exception worth knowing. Under 29 C.F.R. § 825.217, a salaried employee who is among the highest-paid 10% of all employees within 75 miles of the worksite may be denied reinstatement after leave if returning the employee to work would cause substantial and grievous economic injury to the employer’s operations.
Importantly, this exception applies only to reinstatement, not to the employee’s right to take FMLA leave. The employer must notify the employee of their key employee status and the potential consequences in accordance with FMLA requirements.
What Your Employer Cannot Do
The FMLA draws a firm line around prohibited conduct. Under 29 U.S.C. § 2615 and 29 C.F.R. § 825.220, employers may not interfere with, restrain, or deny an employee’s exercise of FMLA rights. They also may not retaliate against an employee for requesting or taking protected leave.
Examples of prohibited conduct include:
- Denying otherwise valid FMLA leave requests
- Using FMLA leave as a negative factor in disciplinary decisions
- Issuing negative performance evaluations because an employee took protected leave
- Demoting, reducing hours, or terminating an employee because they exercised FMLA rights
- Counting protected FMLA absences under a no-fault attendance policy
For example, an employer generally cannot assign attendance points for approved FMLA leave. Employers also may not require employees to continue performing substantive job duties while on protected leave, although limited contact regarding administrative matters may be permissible.
Employees can still be subject to legitimate employment actions unrelated to FMLA leave, such as company-wide layoffs, documented performance deficiencies, or misconduct that would have resulted in the same decision regardless of the leave request.
Warning Signs of Possible FMLA Retaliation
Retaliation is not always obvious. Employers rarely admit that a leave request influenced an employment decision. Instead, retaliation claims are often built on circumstantial evidence.
Potential warning signs include:
- Sudden negative performance reviews after requesting leave
- Increased discipline that did not exist before the leave request
- Negative comments about attendance related to protected leave
- Unequal treatment compared to similarly situated employees
- Reduced hours, demotion, or reassignment shortly after taking leave
- Termination soon after requesting or using FMLA leave
Timing alone does not automatically prove retaliation, but timing combined with other evidence may support an FMLA interference or retaliation claim.
What to Do When an Employer Denies FMLA Leave
If you believe your employer improperly denied FMLA leave, do not assume the decision is final. Keep copies of leave requests, medical certifications, emails, attendance records, and other communications related to the denial.
Employees may have the right to file a complaint with the U.S. Department of Labor’s Wage and Hour Division or pursue a private legal claim, depending on the circumstances. Understanding what to do when an employer denies FMLA can help preserve evidence and protect your rights.
Maryland-Specific Protections Worth Knowing
Federal FMLA protections provide an important foundation, but Maryland employees may have additional rights under state law.
The Maryland Healthy Working Families Act, Md. Code, Labor & Empl. §§ 3-1301 through 3-1311, requires many employers to provide earned sick and safe leave. While this law does not replace FMLA leave, it may allow eligible employees to use paid leave during qualifying absences that might otherwise be unpaid.
The Maryland Flexible Leave Act, Md. Code, Labor & Empl. § 3-802, allows eligible employees to use certain earned paid leave benefits to care for an immediate family member who is ill. Although it does not expand FMLA eligibility or create additional FMLA leave, it may provide another layer of protection for employees caring for family members.
The Maryland Family and Medical Leave Insurance (FAMLI) program was created through the Time to Care Act of 2022, Md. Code, Labor & Empl. § 8.3-101 et seq. Payroll contributions are scheduled to begin January 1, 2027, and benefits are expected to become available January 3, 2028.
When implemented, FAMLI will provide eligible workers with paid family and medical leave benefits for qualifying events. Benefit amounts will be based on the employee’s wages and the state’s applicable formulas and limits in effect at that time. When both laws apply, FAMLI leave generally will run concurrently with FMLA leave for the same qualifying reason.
Understanding how these state and federal laws interact can be complicated. If you are facing a leave denial or retaliation issue, speaking with an FMLA lawyer in Montgomery County, MD may help you better understand your rights and available options.
Key Takeaways
- Employers can deny FMLA leave only for legally recognized reasons, not because your absence is inconvenient.
- To qualify, you generally must meet the FMLA’s employment length, hours-worked, and worksite requirements.
- Your leave must be for a qualifying reason, and the condition or family relationship must fall within FMLA protections.
- Notice and medical certification problems are among the most common reasons leave requests are denied or delayed.
- Exhausting your FMLA leave does not always end your rights, as other laws such as the ADA may still apply.
- Retaliation for requesting or taking FMLA leave is illegal and may include discipline, demotion, reduced hours, or termination.
- Maryland employees may have additional protections under state leave laws, including earned sick leave and the upcoming FAMLI program.
Frequently Asked Questions
Q: My employer said I didn’t give enough notice. Can they deny my FMLA leave for that reason?
A: Possibly. If the need for leave was foreseeable, you generally must provide 30 days’ notice when practicable. If the need was unforeseeable, you must notify your employer as soon as practicable under the circumstances.
Q: Can my employer make me use my vacation or sick time while I’m on FMLA leave?
A: Yes. Employers may require employees to use accrued paid leave concurrently with FMLA leave, subject to the employer’s leave policies. Doing so does not increase the amount of FMLA leave available.
Q: What if my employer approved my leave but fired me before I returned?
A: If the termination was because you requested or took FMLA leave, it may constitute unlawful interference or retaliation. However, employers may still terminate employees for legitimate reasons unrelated to FMLA leave.
Q: My employer only has 30 employees. Am I completely out of luck?
A: Not necessarily. While the FMLA generally does not apply to employers with fewer than 50 employees, you may still have rights under Maryland leave laws or other federal employment laws, depending on the circumstances.
Q: Can I take FMLA leave a few hours or a day at a time?
A: Yes, when intermittent leave is medically necessary for a serious health condition or is permitted for another qualifying FMLA reason. Employers generally cannot penalize employees for properly approved intermittent FMLA leave.
Contact The Spencer Firm, LLC
If your employer denied your FMLA leave request, retaliated against you for taking protected time off, or you just aren’t sure whether your rights were violated, this isn’t something to sit on. Evidence disappears, deadlines pass, and every day without clarity about your legal position can cost you.
At The Spencer Firm, LLC, we represent Maryland workers across Montgomery County and the surrounding region in employment law matters, including FMLA interference and denial, workplace retaliation, and wrongful termination claims. We will review the facts of your situation and give you a straight answer about where you stand and what your options are.
Your health, your family, and your livelihood are worth protecting. Contact The Spencer Firm, LLC today, before the clock runs out on your claim.
