The Family and Medical Leave Act (FMLA) gives eligible employees the legal right to take unpaid, job-protected leave for certain qualifying medical and family situations. However, many employees are shocked when their valid requests are either delayed or outright denied. Sometimes employers deny requests on the basis of technical errors but some denials are in violation of the law. If your request was denied or your employer is making it difficult to get approval, here’s what you need to know.
Find out exactly why your FMLA leave was denied
Before you challenge a denied FMLA request, you need to know if there was a valid reason for the denial. This information will help you form the most effective response. For example, if your employer says you don’t meet the eligibility requirements, you might need to work more hours or be employed longer to qualify. Review your employment records to verify the accuracy of this claim before accepting it as truth.
Another common reason for denied leave is insufficient medical certification. This can be corrected easily by obtaining the right medical paperwork from your doctor. However, if your employer told you your medical condition doesn’t qualify for FMLA protection, they could be wrong. Try to clarify the situation directly first. If that doesn’t get your request approved, or if your employer has improperly denied your request for any other reason, contact an FMLA rights lawyer as soon as possible to discuss your options.
Review your eligibility
Once you know why your request was denied, make the effort to confirm that your situation meets the legal requirements for FMLA protected leave. In addition to verifying that you meet the requirements for length of employment (12 months minimum) and hours worked (1250 hours in the last 12 months), note your employer’s size. FMLA only applies to employers with 50 or more employees within a specific geographic area.
Most importantly, verify that your family situation or medical condition qualifies. Serious health conditions, childbirth, adoption, and certain caregiving situations are typically covered under FMLA.
Gather your documentation
When you decide to challenge a denied FMLA request, you’ll need strong documentation to prove your case. Once you verify your eligibility, collect all documents related to the reason you requested leave. Keep copies of all leave requests that have been denied, whether through email or paper. Document all communications with your employer and note the date, time, and response from any supervisor or HR representative. You’ll need this information if you’ve been unfairly denied.
Request written clarification from your employer
Don’t accept a verbal rejection from your employer. Your denied request should be documented in writing. Ask for a written reason detailing why your FMLA leave request was denied. If the denial is documented as an administrative mistake, find out how to fix it to get approval. Otherwise, take your letter of denial to a lawyer to find out if it’s legitimate.
Recognize the signs of retaliation
Federal law prohibits employers from retaliating against employees who request or take leave under the FMLA. If you notice any warning signs, document them and talk to a lawyer. These signs might include:
- Being discouraged from taking leave. Employers aren’t supposed to pressure you into abandoning a legitimate FMLA request.
- Shifting job duties. If your job duties shift unfairly after requesting leave, it might be a sign of retaliation.
- Threatening discipline. Employers can’t threaten to terminate you, write you up, dock your pay, or give away your position if you’ve requested leave.
- Adverse action. If you’ve been demoted, lost hours, or terminated after making a request, that could be considered retaliation.
If you experience any of these red flags, contact an FMLA attorney right away to figure out your next move.
Explore options for internal resolution
Sometimes an internal resolution can solve a denied request faster than formal legal action. First, contact your human resources (HR) department to review your leave request and correct any errors that led to your denial. If that doesn’t work, find out if your employer has a formal review system for disputing decisions. You might need to provide more medical documentation to get your leave approved. However, if these efforts fail, your last resort before filing a lawsuit is to escalate the situation within the company to a higher-level review.
Know when to seek outside help
When you can’t resolve your disputed denial internally, your only remaining options are to contact an attorney or the Department of Labor (DOL) to file a complaint. The smartest move is to contact an attorney first and make your next moves based on their advice. If your employer won’t honor a valid FMA request, you have the right to pursue accountability through the legal system.
