State laws differ when it comes to unpaid time off for employees. Frequent requests for unpaid time off can interfere with an employer’s business. But whether you are heading off for a family vacation or need to attend a child’s school event, it can be deeply frustrating to have a boss deny your request for unpaid time off. A denial likely leaves you wondering, “Can an employer deny unpaid time off?” Unfortunately for Florida employees, Florida has no state laws requiring an employer to request unpaid time off work. However, this does not necessarily mean denying unpaid time off is legal.
Several situations make you legally eligible for unpaid time off from work. If your work arrangement or reason for taking time off meets specific criteria, a denial from your employer might violate your rights.

Understanding Unpaid Time Off Rights in Florida

The freedom to take unpaid time off work directly impacts an employee’s and their family’s quality of life. At the same time, it can be difficult for an employer to keep a business efficiently running if employees are free to leave work frequently.
Federal and state laws regulate the legalities surrounding when and why an employee has the right to take unpaid leave to balance the needs of employees and employers alike. The most impactful law that protects employees regarding leave is the Family and Medical Leave Act (FMLA). However, there are also a handful of other situations in which Florida employees are entitled to take time off without pay.

Federal Laws on Unpaid Time Off

Federal FMLA requirements primarily define Florida’s laws regarding unpaid time off for employers. It outlines the specific situations in which an employee has the right to take unpaid leave without fear of losing their job or facing other forms of employer retaliation.

FMLA is primarily concerned with granting unpaid leave in situations related to the health of an employee or one of their family members. Unpaid leave under FMLA is primarily concerned with illness, pregnancy, and the birth or adoption of a child.

Florida Laws on Unpaid Time Off

Florida law does not require employers to provide employees with paid or unpaid vacation. Similarly, employers in Florida are not required to provide employees with unpaid time off for holidays, bereavement, or voting.

However, Florida law protects employees’ rights to unpaid time in certain situations. Employers must grant time off if an employee is summoned for jury duty. State law also requires employers to allow domestic abuse victims up to three unpaid days off each year for medical, legal, or personal reasons related to domestic violence or abuse.

Finally, Florida employers must also respect the terms of their employment contracts. If an employee’s contract specifies that an employee has the right to unpaid time off, Florida employees must honor a request for time off or demonstrate how such a request does not meet the contract’s terms.

Denial in Detail: Can an Employer Deny Unpaid Time Off?

If an employer denied your request for time off without pay, your first question is probably, “Can you be denied unpaid time off in Florida?” Given Florida’s limited laws regarding an employer’s right to unpaid time off, you must consider the situation to understand whether the denial was justifiable.

Unless your request for time off meets the limited criteria the FMLA sets, your time-off request probably falls under your employer’s policy. If the terms of your work agreement do not specify your rights to request time off, a request might be determined on a case-by-case basis or denied outright.

As a general rule, employers that permit employees to take time off usually restrict when unpaid time can be taken, such as limiting the number of employees who take time off during the holidays.

Employer Policies on Unpaid Time Off

Employer policies widely range when it comes to unpaid time off. Factors specific to an industry, geographic location, or seasonal needs might all be considered when a company writes its policies regarding when unpaid time off can be granted.

Companies based in Florida are under no obligation to offer employees any amount of unpaid time off beyond the situations covered in federal and state laws. However, most Florida employers offer some unpaid time off in an employment agreement.

In nearly all situations where employees are permitted to take unpaid time off work, guaranteed time off does not necessarily mean an employee’s request will be approved. Most employers place constraints upon the conditions under which such a request is granted. For example, a company might limit time off requests during periods of high demand, understaffing, or other situations in which they can demonstrate that the company’s business needs justify denying an unpaid time off request.

Special Circumstances for Unpaid Time Off Denial

An employee might also deny an unpaid time off request due to special circumstances, like an emergency. In a case like this, an employee might have a right to unpaid time off per the employment agreement, and their request does not meet the usual criteria an employer would consider, such as a staffing shortage.

Whether an employer is justified in denying an unpaid time off request typically depends on the specifics of the situation. For instance, if you have specialized work duties and your employer will be left without someone to fill in during your absence, they might be justified in denying your request or asking you to postpone until a later date.

Employee Action: What Can You Do if Your Unpaid Time Off Is Denied?

The best way to protect against denial when submitting a request for time off is to ensure that you clearly understand your company’s time off policies and follow any requirements and expectations for submitting your request.

Employers often place constraints upon the conditions under which unpaid time off is granted. Before submitting a request, check your employer’s policy to verify that your request is not being made for a time likely to result in a denial.

Companies typically outline the process for submitting a time off request, including how far in advance the request should be made. If you cannot find a valid reason why your request was denied, you can directly ask your employer why your request was refused. It can be frustrating to have your plans interrupted by a denial.

However, it is important to remain even-tempered and courteous when you ask your employer for a reason. Displaying anger or frustration will unlikely make your employer willing to work with you.

You can also speak with your company’s HR department. Meeting with the HR department or your employer’s supervisor can effectively resolve the situation.

If it seems as though your request for unpaid time off should have been granted and your attempts to overturn it are unsuccessful, you can schedule a free consultation with an employment lawyer for advice on whether your rights were violated and how to move forward.

Communicating with Your Employer

When your unpaid time off request is met with denial, you have options. The first and most practical action you can take is to speak directly with your supervisor. The goal of this conversation should be to understand why the request was denied and what, if anything, you can do to have it approved.

It can help to think of this conversation as a negotiation. Schedule a time to speak with your supervisor so they can give their full attention to the conversation. Ask for an explanation of why the request was denied, and be prepared to respond to the concerns they raise.

If your supervisor expresses concern about not handling specific job duties, see if you can arrange for a coworker to take on those responsibilities in your absence. If possible, be prepared to give your employer reasons why the timing for your request is ideal, like if you have just completed a large project.

Finally, you can also ask your employer what accommodations they need to implement to feel that the business’s needs will be adequately handled in your absence. Remember to keep the conversation as civil as possible.

Legal Recourse for Denied Unpaid Time Off

If your attempts to overturn a time off request are unsuccessful, you can consider your legal options. An employment lawyer will work with you to identify whether your rights have been violated. Based on your lawyer’s findings, you may have grounds to file a complaint against your employer or a lawsuit.

In both cases, your employer can face penalties for violating your rights as an employee. Depending on the timeframe, you may be able to have your request approved. The outcomes of legal action can also include damages payments for having your rights violated.

Know Your Rights: FMLA and Beyond

Both federal and Florida laws protect employee rights. Much of the time, the terms of your employment agreement also protect your rights as long as your supervisors respect those terms.

However, you need to know your rights before you can identify when they have been violated. The most important laws that employees should know are those covered under FMLA. You have the right to take leave under FMLA for:

• A serious health condition
• Caring for an ill family member
• The birth of a child
• Adoption
• The placement of a foster child

In some cases, FMLA or your employer’s policy can extend to similar situations, like complications during pregnancy.

Other Legal Provisions for Employee Protection

FMLA is the widest-reaching federal law concerned with unpaid leave. However, some individuals might be impacted by additional laws that touch on unpaid leave laws.

For example, the Fair Labor Standards Act (FLSA) impacts private and government employees. The Americans with Disabilities Act (ADA) and laws enforced by the Equal Employment Opportunity Commission (EEOC) can provide additional support in which a denial might involve discrimination against an employee.

Rights to Unpaid Leave Under Union Contracts

Union contracts are often similar to employee contracts. A union contract should stipulate how much unpaid time off a union worker is entitled to and the terms under which they can take that time.

If a union worker’s unpaid time off request is denied, they can speak with a lawyer to better understand the terms of their union contract and whether the reasons for the denial are valid.

Contacting a Florida Employment Law Attorney for Unpaid Time Off Disputes

It is essential to know your rights around unpaid time off. If you have reviewed your company policy and attempted to understand the reasons for a denial, an employment law attorney can help you move forward.

The Florida lawyers at Wenzel Fenton Cabassa, P.A. are ready to defend your rights in the workplace. Contact our firm today to schedule a free, confidential consultation.

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.