No, if you qualify for FMLa under the eligibility requirements, your employer cannot deny you FMLA leave. This applies as long as you have worked for your employer for at least 1,250 hours over the past 12 months, and the company has at least 50 employees within 75 miles. Surrogacy-related medical appointments and conditions can qualify as a reason for FMLA leave, just as they would for a typical pregnancy.