Can my boss refuse to show me the records about my denied leave?

The situation

I work for a mid-sized manufacturing company in Ohio, and I have been there for about four years. Back in January 2024, I requested two weeks of unpaid leave to care for my mother who was undergoing a major surgery. My manager, Sarah, told me that my request was denied because the department was too busy, but she wouldn't give me any specific reason or paperwork. I checked my employee handbook and it says we are entitled to certain protections for family emergencies, but I can't find anything about seeing the company's internal logs. I already tried talking to Sarah again last Tuesday, and then I sent a formal email to our HR representative, Mike, asking to see the attendance and leave records for my entire team from the last six months so I can see if others were granted leave during busy periods. Mike replied yesterday saying that our company records are private and that I have no right to see how they track leave for other employees. I am confused because I feel like they are hiding something to avoid following the rules. Does the government have the power to force my employer to hand over those specific internal documents if I file a complaint, or are they allowed to just keep those records locked away from me?

Detailed Analysis

Under the Family and Medical Leave Act (FMLA), your employer is required to "make, keep, and preserve records pertaining to compliance with this subchapter"^[1]. This means they must maintain documentation regarding leave requests and approvals to ensure they are following the law. However, the law does not grant you a personal right to inspect the private attendance or leave logs of your coworkers, which is why Mike in HR stated those records are private.

If you believe Sarah denied your leave in January 2024 unfairly or in violation of the FMLA, you can file a complaint with the Department of Labor. Once a complaint is filed, the government gains significant investigative powers. The Secretary of Labor has the "investigative authority" to ensure companies are following the rules^[1]. Specifically, for the purposes of an investigation, the Secretary has "subpoena authority"^[1]. A subpoena is a legal order that forces a person or company to produce specific documents or evidence.

If the government decides to investigate your claim, they can use this power to demand the very records you are looking for—such as the leave logs for your team from the last six months—to see if your company is treating employees differently. While you cannot force them to show you the records yourself, the government can. It is currently unsettled whether your specific request for the entire team's records is relevant enough to trigger a full investigation, as the Secretary's authority to require records is generally limited unless there is "reasonable cause to believe there may exist a violation"^[1].

State, provincial, or local laws may add further rules regarding employee privacy or leave rights, so you should check Ohio-specific employment regulations.

Statutory Citations

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