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Can an employee sue for not being allowed to take leave?

Employees can find any number of reasons to file a claim against their employer. Whether or not it is because the employer was, in fact, wrong for taking certain actions or because the employee feels this way, these claims should be taken seriously. This is especially the case when it comes to things regarding the employee's rights, such as the Family and Medical Leave Act.

Not every employer is legally obligated to allow their employees to take leave. When it is allowed, FMLA is granted to employees only if they meet the requirements, which state that the employee is to be on the job for a minimum of 12 months and has worked a minimum of 1,250 hours. Ideally, if you have denied your employee leave, it would be because they did not meet the requirements, but there are some employers who have denied their employees for other reasons.

Should an employer deny someone leave, this employee can sue them. In many cases, if the denial was due to any other reason then the employee not meeting the requirements, there is a chance that the employee may have a case. To prevent this, you want to be sure the reason you deny your employee leave is valid.

There are always going to be employees who feel as though their employer is guilty of some type of wrongdoing and may consider filing a claim. Guilty or not, when an employer is accused of something by their employee, it should not be ignored. Employers in need of legal assistance should contact an attorney who can aid them in proving their innocence and resolve the issue as soon as possible.

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Kisner Law Firm, LLC
Gulf Tower
707 Grant St., Suite 2646
Pittsburgh, PA 15219
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Phone: 412-208-4263
Fax: 412-235-6704

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