Facing denial of family or medical leave can be frustrating. Did you know that in 2022, there were 780 Family and Medical Leave Act (FMLA) complaint cases submitted to the Department of Labor (DOL), resulting in $870,077 in back wages for 339 workers? Research from the Kaiser Family Foundation (KFF) on the other hand, reveals that most companies with 50 or more employees provided health benefits in 2023 and have continued for the past ten years.
These statistics and findings show that leave denials still happen but employers are increasingly becoming aware of the rules and regulations regarding FMLA.
According to FMLA discrimination lawyer Sang (James) Park, the FMLA and California Family Rights Act (CFRA) are federal and state statutes regarding employee leave that grant qualifying workers of employers who are covered to take leave that is unpaid with the assurance their job position is protected.
The FMLA allows eligible employees to take unpaid, job-protected leave for specified family and medical reasons, with continued health insurance coverage. If you find yourself in a situation where your employer has denied your FMLA request, you must understand your rights and the steps you can take to address the denial.
Let’s look into the options available to you in this complicated situation.
Understanding FMLA Denial
Understanding the reasons behind the denial is important for you to be able to move forward effectively. It can be frustrating to receive a denial, but clarifying the reasons will help you handle the next steps.
One common reason for denial is incomplete documentation. Make sure all required forms are filled out accurately and submitted on time. Another possibility is that your medical condition does not meet the FMLA eligibility criteria. Review the specific requirements to see if there might have been a misunderstanding.
Sometimes, employers deny requests due to procedural errors. Double-check if the request was submitted through the proper channels and follow the correct process.
If you’re being denied an FMLA claim, seeking guidance from employment attorneys can help you understand your rights and the best way to move forward. Your employment lawyer can help you not just in addressing FMLA denials but also other employment issues. You can visit this page to know more about the areas in which your employment lawyer can help you: https://www.lobbplewe.com/temecula-employment-law-attorney/
Reviewing Your Employer’s Reasoning
Knowing what made your employer deny your leave, you can now review the explanation provided to you. Is it related to your eligibility, improper documentation, or a procedural issue? Understand the specific reason for the denial before taking any further steps.
Review any communication you received from your employer regarding the denial. Pay attention to details like unmet requirements or any additional information they may have provided. Sometimes, the reasoning provided might not match your understanding of the situation. In such cases, it’s important to seek clarification from your employer.
If the reasoning seems unclear or insufficient, consider discussing it with your HR department or a supervisor. They may provide additional insight or address any misunderstandings. By reviewing and understanding your employer’s reasoning, you can better assess your options ahead.
Appealing the Decision Internally
Consider initiating an internal appeal process to challenge the denial of your FMLA request. Review your company’s policies and procedures regarding appeals. Look for specific instructions on appealing a decision formally, including any required forms or documentation. Once you have gathered all necessary information, prepare a clear and concise written appeal that outlines your reasons for approving your FMLA request.
Submit your appeal following the guidelines provided by your employer. Make sure to meet any deadlines set to appeal the decision. During the internal appeal process, remain professional and focused on presenting your case effectively. To strengthen your argument, provide additional supporting evidence, such as medical documentation or relevant company policies.
Keep communication lines open with your HR department or designated contact person throughout the appeal process. Be prepared for possible discussions or meetings to further explain your situation.
Seeking Legal Counsel
An experienced employment attorney can help handle the legal process surrounding the FMLA and your rights as an employee. By consulting with a lawyer, you can figure out if your employer’s denial was lawful or if there are grounds for a potential legal case. Legal counsel can assist in reviewing your situation, gathering relevant evidence, and determining the best course of action to take next.
A lawyer can represent your interests in negotiations with your employer or in potential litigation. He or she can help you understand the legal options available to challenge the denial of your FMLA request and work towards a resolution that’s fair and just.
Seeking legal advice early on can guarantee your rights are protected and that you have the support needed to address the denial of your FMLA request.
Filing a Complaint With the Department of Labor
If you believe your FMLA request denial was unjust, consider filing a complaint with the Department of Labor. The Department of Labor oversees the Family and Medical Leave Act and investigates complaints regarding FMLA violations.
To file a complaint, you can contact the Wage and Hour Division of the Department of Labor either online, by phone, or in person at your nearest office. When filing a complaint, provide detailed information about your situation, including dates, names of individuals involved, and any relevant documentation.
The Department of Labor will review your complaint and may initiate an investigation to determine if your employer violated FMLA regulations. If the investigation reveals a violation, the Department of Labor can take actions to remedy the situation, such as requiring your employer to provide FMLA leave or imposing penalties for non-compliance.
Conclusion
If your employer denied your FMLA request, you have options to challenge the denial and protect your rights. Don’t hesitate to file a complaint with the Department of Labor if necessary. Stay informed and advocate for yourself in this process. Consulting a lawyer early on can help you deal with the denial more effectively.
