The US Department of Labor says 56% of US employees are eligible for FMLA (Family and Medical Leave Act), whereas 7% are ineligible due to both tenure and hours requirements and worksite size.
FMLA leave is helpful for workers during times of emergencies. It could save employees in balancing their job and personal life without the fear of losing employment. But what if employers deny your leave request? And can a company deny FMLA?
In most states, a company can deny FMLA, but only if the employee or situation doesn’t meet legal requirements. Otherwise, denying it can lead to legal consequences.
But the good news is, you do have options. If your leave is denied, here are ways to defend yourself and secure your future.
Understand Your Rights Under the FMLA
Understanding the Family and Medical Leave Act (FMLA) benefits is crucial if you receive a denial after submitting your leave of absence request. FMLA provides workers with the right to 12 weeks’ leave without pay when the employee is due to a serious illness, childbirth, or a sick relative who requires care.
Employers must treat pregnant employees the same as those with temporary disabilities. According to pregnancy discrimination lawyer Jeffrey D. Fulton, when women are treated unfairly at work because of their pregnancy or related conditions, their employer is violating their rights in some way.
These rights are yours, and you must not ignore them. A rejection of the application does not have to be the end of the story. The law requires employers to provide a reason for any denial, which is fair to the employee.
It is good to know that the process is not undertaken singularly. You can also get in touch with people who faced the same challenges. They have experience that can assist you in how to defend yourself.
Review the Denial Notice Carefully
When you receive a denial notice for your FMLA leave, you must review the document. Begin by reviewing the reasons for denial. Based on these, you may observe discrepancies or errors in your application.
Look for indications such as a lack of documentation, problems with eligibility, or other such issues. There might be an appeal clause in the notice; if so, use that information to determine your next steps. If you receive deadlines, pay close attention to them, as any delay could potentially impact your appeal prospects.
This review will also provide you newfound confidence and the ability to identify your rights and options. Remember to stay informed for your benefit in this trying situation.
Communicate With Your Employer
Communicate clearly with your employer as soon as you receive your denial notice. Never hesitate to throw in your questions or state your dread about this denial of your grant application.
Understand that your employer may have misunderstandings of your situation. You may give them the context of how critical your request for leave is for you and your family. This way, both parties can reach a mutual understanding with respect and honesty.
Your employer might suggest something you had not thought of before. Listen to their statement carefully. This collaboration can give solutions that benefit both your perspective and the company’s policies.
Gather Supporting Documentation
Collecting evidence and documents to support your claim is crucial after the FMLA is denied. Start by gathering any medical records for your condition or the necessity of your leave. Care providers will offer documents if you are caring for a family member.
Gather all correspondence from your employer regarding your leave request. These may include emails, letters, or meeting notes. Label and organize everything clearly. By doing this, the departmental search and future presentation can be done efficiently and with ease.
The next big step in pushing for your rights and the support that you deserve is by gathering strong evidence.
Consider Filing a Complaint or Appeal
The next thing you have to do after gathering evidence and confirming the denial of your FMLA leave is to contemplate if filing the complaint with HR or the labor agency is the best course of action.
Present your case in simple terms as to why the denial was unreasonable on your part. If needed, you may also discuss this further with your supervisor for adjustments. Maybe they never knew about the matter when you applied for FMLA leave.
You can also appeal the denial through business procedures. Standing up is important, even though it might feel dangerous. You have to speak for yourself to be heard; these are just a few measures for gaining back your support.
