FMLA is designed to provide vital protection to the employees in terms of health or any family emergencies that require them to leave their positions temporarily. Only six states in the US have paid family and medical leave programs that are instructed by law.
Employees can take leave in case they meet the specific requirements. For example, if the private company has fewer than 50 employees, the employer can deny your FMLA request.
First of all, you should be familiarized yourself with the requirements and reasons in case your request for leave gets unlawfully denied.
Ask the Reason for the Denial
There are multiple valid reasons for your employer to reject the request for FMLA leave. If you think you qualify for the FMLA leave and still don’t get any, the first step you should take after the denial is to schedule a meeting and ask your employer directly about the denial.
Your employer is required to provide explanations of the request denial. You must write down your employer’s reasons for denial for pieces of evidence.
If in any case, the employer refuses to give a valid reason for the FMLA leave denial, you are allowed to seek further help from the attorney.
Look for a Justified Reason for Denial
After you obtain the reason for denial, you should take time to examine whether the denial was justified or not.
In regards to the FMLA leave, the regulation is not required to cover all and every possible situation. In case you don’t have significant physical or mental conditions you will not be allowed thy FMLA leave.
It is also stated in a guideline that the employee must possess some incapacitation that prevents them to take the responsibility for work.
Many employers denied the request because they believe the level of incapacitation is insufficient. That’s the main reason why they require medical certificates to authorize FMLA leave.
Challenge the Denial
Your employer’s decision is necessarily not considered final. Your request can be denied due to a lack of evidence in your case. If you fail to provide sufficient evidence while taking FMLA leave request, you are allowed to seek more time to provide additional evidence that demonstrates the need for FMLA leaves.
Employees have the authority to challenge the decision of the employer with the help of the company’s HR department. It is a complex process and there are many grey areas to consider.
For these reasons your HR will advise you of further legal actions in the case, your denial is justified.
Get Assistance from the FMLA Attorney
If you decide to sue your employer for injustices, you should seek legal assistance from a proficient FMLA attorney. Being sure about the unlawful denial of your request by your employer you should file a complaint with the U.S Department of Labor.
The department of labor will determine and investigate your denial of family and medical leave. DOL (Department of Labor) will attempt to negotiate with your employer to solve your case. If the process doesn’t go smoothly, DOL is also required to file a lawsuit against your employer.