Can your employer deny you family leave?

On Behalf of | Apr 8, 2025 | Employment Law

Family leave is essential when you need time off to care for a loved one or yourself. However, you might worry about whether your employer can deny your request. Minnesota laws protect your right to family leave, but you need to understand the details.

Your right to family leave under Minnesota law

Minnesota provides family leave benefits through the Minnesota Family Leave Act (MFLA), which offers job protection for up to 12 weeks of unpaid leave. If your employer has 21 or more employees, you may be eligible for this leave. 

You can use the leave to care for a family member with a serious health condition or for your own health needs. To qualify, you must have worked for the employer for at least 12 months and have worked a minimum of 1,250 hours during the previous year.

However, MFLA does not cover all employers, especially smaller ones. For employers with fewer than 21 employees, family leave may not be required under this law, but other protections might still apply under federal law or your company’s policies.

When can your employer deny family leave?

Your employer cannot deny you leave if you meet the eligibility requirements set by the Minnesota Family Leave Act. However, certain conditions may lead to a denial. For example, if you haven’t worked for the required amount of time or your company is too small, the employer may not have to offer you family leave under state law. 

Similarly, if you’re requesting leave for reasons that don’t meet the criteria, such as a short-term illness that doesn’t qualify as serious, your leave might get denied. Employers can also deny leave if you fail to provide the necessary documentation, such as a medical certificate, or if your leave request doesn’t follow company policy.

Can you take action after a denial of your request?

If your employer denies family leave and you believe you qualify, take steps to protect your rights. Start by discussing your request with your HR department or manager to understand the reasons for the denial. If you still feel your rights were violated, you can file a complaint with the Minnesota Department of Employment and Economic Development (DEED) or seek legal advice.

The Minnesota Family Leave Act protects you from retaliation for taking family leave. If your employer fires, demotes, or penalizes you for requesting or taking leave, the law has protections in place to stop this behavior.

While your employer may deny leave under certain circumstances, understanding your rights can help you protect yourself if necessary.