Your Rights At Risk: Responding To A Denied FMLA Request

Facing a denied FMLA request (Family and Medical Leave Act) can be a distressing experience for any employee. The FMLA is designed to protect employees’ rights to take unpaid leave for qualified medical and family reasons without the risk of losing their jobs. However, when an employer denies an FMLA request, it can lead to uncertainty and anxiety. In such situations, it’s important to understand your rights and explore your options.

Reviewing the Denial

Before taking any action, review the reasons provided by your employer for your denied FMLA request. Employers may deny requests due to various reasons, like incomplete documentation, failure to meet eligibility requirements, or disputes regarding the validity of the medical condition.

Understanding the grounds on which your request was denied will help you determine the appropriate course of action.

Obtaining Legal Guidance

If you believe that your FMLA request was wrongfully denied, consulting with a discrimination lawyer or a California labor lawyer specializing in employment law can provide valuable insight.

These legal professionals have expertise in dealing with the complexities of labor laws and can assess the circumstances surrounding your denied FMLA request. They can also advise you on your rights and potential legal recourse.

Documenting Your Case

When challenging a denied FMLA request, documentation is imperative. Gather any relevant paperwork, including medical records, correspondence with your employer, and copies of your FMLA application. Documenting the timeline of events leading up to the denial can strengthen your case. Be thorough and organized in compiling evidence to support your claim.

Initiating a Dialogue

Before escalating the matter further, consider initiating a conversation with your employer to address the reasons for the denial. Express your concerns respectfully and provide any additional information or clarification that may support your request.

Sometimes, misunderstandings or miscommunications can be resolved through an open dialogue.

Requesting a Review

If the initial dialogue with your employer doesn’t get you anywhere, you have the right to request a formal review of the denial.

Follow your company’s procedures for filing an appeal or grievance regarding a denied FMLA request. Provide any new evidence or information that supports your case during the review process.

Exploring Alternative Options

While FMLA provides protections for eligible employees, it’s good to explore alternative options if your request is denied.

Depending on your circumstances, you may be eligible for other forms of leave, like paid sick leave, disability leave, or accommodations under the Americans with Disabilities Act (ADA). Consulting with an employment lawyer can help you understand your options outside of FMLA.

Filing a Complaint

If you believe that your employer unlawfully denied your FMLA request or retaliated against you for requesting leave, you have the right to file a complaint with the appropriate regulatory agency.

In California, the Department of Fair Employment and Housing (DFEH) handles complaints related to employment discrimination and retaliation. Filing a complaint triggers an investigation into your employer’s actions and may result in legal action if violations are found.

Litigation as a Last Resort

In some cases, resolving a denied FMLA request may require litigation. If informal methods and administrative remedies fail to address the issue, pursuing legal action may be necessary to protect your rights.

A skilled employment lawyer can represent you in court proceedings and advocate for a favorable outcome on your behalf.

Denied FMLA Request? Trust Sirmabekian Law Firm 

Facing a denied FMLA request? Look no further than Sirmabekian Law Firm. Our mission is to safeguard employee rights, and we offer a free legal consultation to help you navigate your options without the burden of fees. Let us provide insights into your case and outline our strategy at no cost to you. 

Trust our experienced advocates to fight for the best outcome. Contact us using our online form or call 818-473-5003 today to learn more about how we can represent you in employment matters.

Don’t delay—take the first step towards protecting your rights with Sirmabekian Law Firm.