When to Deny Leave: Legal and Ethical Boundaries

10/29/2025

Denying an employee’s leave request is one of the most high-stakes decisions an HR professional can make. Under the FMLA, ADA, and PWFA, employees have strong protections, and even a well-intentioned denial can turn into a costly compliance issue. Still, there are situations where denying leave is lawful and appropriate—if documentation is missing, eligibility isn’t met, or continued absence creates an undue hardship. This guide explains when denying leave is legally permissible, what documentation is required, and how to handle these situations ethically and consistently.

The Legal Framework Behind Leave Entitlement

Before considering a denial, it's essential to understand the powerful legal framework that protects an employee’s right to leave. The primary laws—the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), the Pregnant Workers Fairness Act (PWFA), and state Workers' Compensation—create a complex web of overlapping entitlements.

The FMLA provides job-protected, unpaid leave for a qualifying "serious health condition," which includes illnesses, injuries, impairments, or physical/mental conditions involving inpatient care or continuing treatment by a healthcare provider. When an employee's condition meets this definition, their right to FMLA leave is absolute, provided they are eligible.

Simultaneously, if that condition is a "disability" under the ADA or a known limitation related to pregnancy under the PWFA, the employer has a separate duty to provide reasonable accommodations. This dual obligation is where many denials fail legal review. An employee might exhaust their FMLA leave, but their right to additional leave as an ADA accommodation may continue.

When You Cannot Deny Leave

In many situations, denying a leave request is not just a bad idea—it’s illegal. Understanding these hard boundaries is the first step in any leave management decision.

FMLA-Protected Conditions

If an employee is eligible for FMLA and has a qualifying reason, you generally cannot deny their request for time off. This includes:

• Incapacity due to pregnancy, prenatal care, or childbirth and recovery.
• The employee's own serious health condition that renders them unable to perform their job.
• The need to care for a spouse, child, or parent with a serious health condition.

Denying or even delaying a valid FMLA leave request can be considered interference, a serious violation that exposes the organization to legal liability.

ADA and PWFA Accommodations

When a leave request is tied to a disability or a pregnancy-related limitation, your legal obligations extend beyond the FMLA. You cannot deny a request without first engaging in the "interactive process." This is a good-faith discussion with the employee to explore potential reasonable accommodations that would allow them to perform their job.

Forcing an employee onto leave or denying their request for a modified schedule without first exploring other solutions is a significant compliance risk. This is especially true for pregnancy-related requests under the PWFA, which was specifically designed to prevent employers from pushing pregnant workers out of the workplace.

When You Can Deny Leave — and Why

While protections are strong, leave is not an unlimited right. There are specific, legally defensible circumstances where a denial is appropriate.

Ineligible Employee or Employer

The FMLA has clear thresholds for coverage. You can lawfully deny an FMLA leave request if:

• The Employer is Not Covered: Your organization employs fewer than 50 employees within a 75-mile radius.
• The Employee is Not Eligible: The employee has not worked for the company for at least 12 months, has not worked at least 1,250 hours in the 12 months preceding the leave, or works at a location with fewer than 50 employees within 75 miles.

Even in these cases, remember that the ADA, PWFA, or state laws may still apply.

Lack of Medical Certification or Documentation

An employer has the right to require sufficient medical certification to validate the need for FMLA leave. A denial may be justified if:

• The employee fails to return the certification within the 15-day timeframe (plus any extensions).
• The certification is incomplete, vague, or fraudulent, and the employee fails to cure the deficiency after being notified.
• The employee refuses to provide requested clarification or submit to a second or third medical opinion as allowed under the FMLA.

Non-Qualifying Reasons for Leave

FMLA is intended for specific, serious medical needs. It is not a catch-all personal leave policy. You may deny a request if the reason does not qualify, such as:

• A planned vacation or personal travel not related to a medical condition.
• General stress that has not been diagnosed by a healthcare provider as a serious health condition.
• Routine medical or dental appointments that do not involve a period of incapacity.

In these instances, the employee should be directed to use other available benefits, like PTO or vacation time, according to company policy.

The “Undue Hardship” Standard Under the ADA

Under the ADA and PWFA, an employer must provide reasonable accommodations unless doing so would cause an "undue hardship"—an action requiring significant difficulty or expense. This is a high legal bar. When an employee requests extended leave as an accommodation after FMLA is exhausted, a denial based on undue hardship requires careful analysis.

To qualify as an undue hardship, the impact must be substantial. Factors include the cost of the accommodation, the size and financial resources of the company, and the operational disruption caused by the employee's absence. A vague claim that the absence is "inconvenient" will not suffice. You must have objective evidence demonstrating how the continued leave would fundamentally alter the nature or operation of the business. For example, if a small team cannot function without a key employee who has an indefinite return date, an undue hardship argument may be viable.

Documenting all accommodation efforts is critical. Before denying extended leave, you must show that you considered all other options—such as temporary coverage, job restructuring, or reassignment—and that none were feasible. This decision should always be made in consultation with legal counsel.

The Leave Denial Process: Step-by-Step

A defensible denial follows a clear, consistent, and documented process.

Step 1 — Verify Eligibility and Coverage

First, confirm the basics. Does the employee meet the FMLA service and hours requirements? Does their condition potentially qualify as a disability under the ADA or a limitation under the PWFA? Is your company covered by the FMLA? Start with these objective criteria.

Step 2 — Request and Evaluate Documentation

If eligibility is confirmed, request medical certification using the appropriate DOL forms. Ensure your request includes GINA-compliant "safe harbor" language to avoid receiving prohibited genetic information. Review the returned certification for completeness and authenticity. If it's deficient, inform the employee in writing and give them a reasonable opportunity (at least seven days) to fix it.

Step 3 — Engage in the Interactive Process

If the denial is related to an accommodation request under the ADA or PWFA, you must engage in the interactive process. Discuss the employee's limitations and explore alternative solutions before making a final decision. Document every meeting, phone call, and email in this dialogue.

Step 4 — Provide Written Notice and Rationale

A verbal denial is not enough. Provide a formal, written notice that clearly explains the reason for the denial, citing the specific policy, regulation, or documentation failure. This letter creates a crucial piece of the audit trail and ensures the employee understands the basis for the decision.

Ethical Boundaries in Leave Denials

Legal compliance is the floor, not the ceiling. Ethical HR practice requires balancing business needs with compassion. Avoid making decisions based on assumptions or a desire to "make an example" of someone. Each case must be judged on its own merits, free from bias or retaliation.

Confidentiality is paramount. The denial process should be handled with the utmost discretion and respect for the employee's privacy. Even when denying a request, your communication can reinforce trust. A transparent, respectful explanation is more likely to be accepted than a curt, unexplained rejection.

Common Pitfalls That Lead to Legal Trouble

• Stereotype-Based Denials: Denying leave based on assumptions about an employee’s condition, age, or gender.
• "100% Healed" Policies: Illegally requiring employees to be fully free of restrictions before returning to work.
• Attendance Penalties: Disciplining an employee for absences that are protected under FMLA.
• Inconsistent Application: Denying a request for one employee while having approved a similar request for another.

Real Case Examples: Legal Leave Denials That Held Up

• Example 1: FMLA Denial for Failure to Certify. An employee requested FMLA leave but repeatedly failed to submit the required medical certification despite multiple written reminders from HR. The company lawfully denied the protected leave, and the denial was upheld because the employee did not fulfill their obligation.
• Example 2: ADA Denial Due to Undue Hardship. A highly specialized scientist at a small research firm requested a ninth month of leave. The company documented that her absence had halted a critical, time-sensitive project, jeopardizing a major contract. After exploring all other options, the denial of further leave was upheld as a legitimate undue hardship.
• Example 3: PWFA Request Denied with Alternate Accommodation. A pregnant warehouse worker requested to be excused from all lifting duties. The employer engaged in the interactive process and determined that lifting was an essential function. Instead of granting the full request, they provided a cart and lifting tools that eliminated the strain, which was deemed a reasonable and effective alternative accommodation.

How to Document a Lawful Leave Denial

Your documentation is your defense. Every denial file should contain:

• The employee’s initial leave request.
• Copies of all notices sent to the employee (eligibility, rights, designation, and denial).
• The incomplete medical certification or a record of the employee’s failure to provide it.
• Notes from all interactive process discussions.
• The final written denial letter.

FMLA records must be retained for at least three years. Use standardized checklists and template letters to ensure consistency and completeness for every case.

HR Best Practices Before Denying Any Leave

Before you issue a final denial, pause and run through this final checklist:

• Conduct an Internal Review: Have a second HR team member review the case to ensure nothing was missed.
• Verify Supervisor Alignment: Confirm that the employee’s direct supervisor has not made any conflicting promises or statements.
• Involve Legal Counsel: For any complex case, especially those involving an ADA undue hardship claim, consult with legal counsel before making a final decision.
• Ensure Equal Application: Ask yourself if you have handled similar situations for other employees in the same way.

Key Takeaways

When denying leave, your safest move is to document, verify, and consult. If there’s any doubt—especially with overlapping FMLA, ADA, or PWFA protections—pause and reassess before making a decision. Denials are sometimes necessary, but they must be handled with precision, fairness, and a deep understanding of the law. Ethical, transparent communication can resolve many leave disputes before they ever escalate into legal challenges.

Review our checklist before denying any leave request.