FMLA Denied? Here’s How to Fight Back and Protect Your Rights

When you're dealing with a serious health condition—or supporting a loved one who is—the last thing you should have to worry about is losing your job. The Family and Medical Leave Act (FMLA) is a federal law designed to protect workers in these exact situations. But what happens when your request for FMLA leave is denied? Whether it’s due to employer miscommunication, paperwork issues, or an unlawful decision, you have rights—and you don’t have to face the battle alone.

Understanding FMLA: Your Legal Right to Medical Leave

The FMLA allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for certain medical and family reasons. It covers:

• Your own serious health condition

• Caring for a spouse, child, or parent with a serious condition

• Birth and bonding time with a newborn

• Adoption or foster care placement

• Certain military family needs

To qualify, you must work for a covered employer (private employers with 50+ employees, or public agencies), have worked there for at least 12 months, and logged 1,250 hours in the past year.

Common Reasons FMLA Is Denied

FMLA denial can feel like a betrayal, especially if you believe you’ve followed the correct process. Some common reasons for denial include:

• Not meeting eligibility requirements (e.g., not enough hours worked)

• Improper or incomplete paperwork

• Missed deadlines or insufficient medical certification

• Employer misclassification or misinformation

• Retaliation or discrimination by your employer

Even if an employer cites one of these reasons, you still may have a valid case if the denial was unjustified or in violation of the law.

Steps to Take If Your FMLA Is Denied

Receiving a denial doesn’t mean the end of the road. There are important actions you can take to assert your rights and push back effectively.

1. Review the Denial Carefully

Start by reading your employer’s written explanation. Look for:

• Specific reasons cited for denial

• Deadlines or documentation they claim are missing

• Any mention of your eligibility status

Compare the denial with your records—such as your employment history, hours worked, and documentation submitted.

2. Gather Documentation

Strong records can help support your case:

• Copies of FMLA request forms and correspondence

• Your medical certification or doctor’s notes

• Paystubs or timesheets showing hours worked

• Any prior communication with HR

This paperwork can show that you met the requirements or that your employer mishandled the process.

3. Request a Reconsideration

If you believe the denial was based on incorrect information or paperwork errors, reach out to your HR department or supervisor and request a formal review. Politely but firmly state your case and include supporting documents.

When to Escalate: Filing a Complaint or Taking Legal Action

If your employer refuses to reconsider or if you suspect retaliation, you have the right to take further action.

File a Complaint with the U.S. Department of Labor (DOL)

• The Wage and Hour Division (WHD) enforces FMLA rights

• You can file a complaint online or in person

• An investigator will assess whether your rights were violated

Speak to an Employment Attorney

• An attorney can help you understand your rights

• They can assist with filing a lawsuit, negotiating a settlement, or defending you from retaliation

• You may be entitled to reinstatement, back pay, or compensation

FMLA cases can be complex, especially if your employer is not cooperating. Legal guidance ensures you don’t navigate it alone.

Your Rights Under FMLA: What Employers Can’t Do

Under the FMLA, your employer cannot:

• Deny eligible leave without valid reason

• Terminate you for taking protected leave

• Retaliate against you for requesting or using FMLA

• Discourage you from applying for leave

If any of these actions occur, they may be in violation of federal law and subject to legal penalties.

Stand Up for Your Rights

Facing a denied FMLA request can be intimidating, especially during an already stressful time. But federal law protects your right to care for yourself or your family without fear of losing your job. If you’ve been unfairly denied or mistreated, you have the power to take action.

FAQs: FMLA Denials and What to Know

1. Can my employer fire me for requesting FMLA?

   - No. It's illegal for your employer to retaliate against you for requesting or taking FMLA leave. If they do, you may have grounds for legal action.

2. What if I missed a deadline on my paperwork?

   - You may still have options. The law requires employers to give you a reasonable chance to fix errors or provide missing information. Always communicate and follow up quickly.

3. Do I need to tell my boss about my diagnosis?

   - No. You only need to provide enough medical information to show that your condition qualifies under FMLA. Specific diagnoses are not always required.

4. Can I take FMLA leave intermittently?

   - Yes. In many cases, you can take leave in blocks of time or even on a reduced schedule for ongoing treatment or flare-ups.

5. What if I work for a small business?

   - FMLA only applies to employers with 50 or more employees within a 75-mile radius. However, your state may offer additional protections if you're not covered under FMLA.

   
   

Need help navigating FMLA issues? Dr. Cline and the team at Cline Medical Group are here to support your health journey. If you’re dealing with a medical condition and need documentation or guidance, contact us today at (606) 637-2334.