Certified Leave Management Specialist (CLMS) Certification Practice Test

In what situation would an employee's application for leave most likely be denied under FMLA?

1. Absence exceeds the eligible leave period

2. Employee failed to notify the employer in advance

3. Both A and B

4. None; leave cannot be denied

The correct answer is: Both A and B

An employee's application for leave under the Family and Medical Leave Act (FMLA) would be most likely denied in situations where certain criteria are not met, specifically when the absence exceeds the eligible leave period and when the employee fails to notify the employer in advance. When an employee's time off surpasses the 12 weeks of protected leave for a serious health condition (or other qualifying reasons), they no longer meet the eligibility requirements set forth by the FMLA. Therefore, if the request involves taking more leave than what is allowable, the employer has justification to deny the application. Additionally, the FMLA also mandates that employees provide their employers with appropriate notice about their need for leave. If an employee fails to notify the employer in a timely manner, it may hinder the employer's ability to make necessary arrangements or could indicate that the leave is not necessary. This lack of notice can result in a denial of leave, as the employee has not followed the procedural requirements inherent in the FMLA guidelines. Both of these situations are significant factors that can lead to the denial of an FMLA leave request.