What are common reasons FMLA Job-Protected Leave claims are denied?

Worked fewer than 1,250 hours in the prior 12 months Employer has fewer than 50 employees within 75 miles Condition does not meet 'serious health condition' definition Late or incomplete medical certification

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Employer

FMLA Job-Protected Leave

Federal law that lets eligible employees take up to 12 weeks of unpaid, job-protected leave for a serious health condition such as hand surgery recovery.

Typical timeline: Employer must respond to a leave request within 5 business days. Leave runs in 12-month windows.

This page is a dedicated, search-friendly version of the same checklist on the main disability benefits guide. Progress checkboxes sync in your browser only.

Claim checklist & evidence

Forms

WH-380-E — Certification of Health Care Provider for Employee's Serious Health Condition link

Step-by-step

1. Notify your employer 30 days in advance when possible
For unforeseeable needs (acute injury, urgent surgery), notify as soon as practicable.
Next: Ask HR for an FMLA designation notice and the WH-380-E form.
2. Return the medical certification on time
You typically have 15 calendar days to return WH-380-E.
Next: Ask your hand surgeon to be specific about expected duration and restrictions.
3. Track FMLA hours used
Keep your own log; intermittent leave for therapy visits also counts.
Next: Confirm reinstatement to the same or equivalent role on return.

Evidence to gather

Check off items as you collect them — progress is saved only on this device (same keys as the main benefits guide).

Completed WH-380-E from your provider — This is the document that triggers FMLA approval.
Proof of hours worked in the last 12 months — FMLA requires 1,250 hours with the employer.

Common reasons claims get denied

Worked fewer than 1,250 hours in the prior 12 months
Employer has fewer than 50 employees within 75 miles
Condition does not meet 'serious health condition' definition
Late or incomplete medical certification

Sources

U.S. Department of Labor — FMLA · accessed 2026-04-22