What Happens if FMLA is Denied?

If your request for Family and Medical Leave Act (FMLA) leave is denied, it's important to understand the reasons behind the decision and your available options for recourse. A denial doesn't always mean the end of your leave request.

Receiving the Denial Notification

Upon denying your FMLA request, your employer should provide you with a written explanation. This document is crucial as it outlines the specific reasons for the denial. Carefully review this letter to understand your employer's basis for the decision.

Common Reasons for FMLA Denial

Employers deny FMLA requests for various legitimate reasons. Understanding these can help you assess the validity of the denial:

• Eligibility Criteria Not Met: FMLA has specific requirements an employee must meet to be eligible. You might not qualify if you have:
  • Worked for the employer for less than 12 months.
  • Worked fewer than 1,250 hours in the past 12 months.
  • Your employer does not have 50 or more employees within a 75-mile radius.
• Non-Qualifying Reason for Leave: The reason for your leave must fall under FMLA's defined qualifying events. These include:
  • Your own serious health condition.
  • To care for an immediate family member (spouse, child, or parent) with a serious health condition.
  • Birth of a child or placement of a child for adoption or foster care.
  • Any qualifying exigency arising out of the fact that your spouse, son, daughter, or parent is a military member on covered active duty.
  • To care for a covered service member with a serious injury or illness if you are the service member's spouse, son, daughter, parent, or next of kin.
• Insufficient Documentation: You might not have provided complete, timely, or adequate medical certification or other required supporting documentation.
• Failure to Follow Employer Procedures: You may not have followed your employer's established FMLA request procedures or provided sufficient advance notice as required.

What to Do If Your FMLA Request is Denied

If your FMLA request is denied, take the following steps:

1. Review the Denial Letter Carefully: Identify the exact reason(s) provided by your employer.
2. Communicate with Your Employer:
   • Seek clarification on the denial. A conversation might reveal a misunderstanding or a simple fix, such as providing missing documentation.
   • If the denial is based on incomplete information, provide the necessary updates promptly.
   • Inquire if there's an internal appeal process or alternative leave options available through your company policy.
3. Assess the Validity of the Denial: Compare your situation against the FMLA eligibility and qualifying reasons. If you believe the denial was improper or unlawful, you have additional avenues.
4. Seek External Assistance if You Believe the Denial Was Improper:
   • File a Complaint with the U.S. Department of Labor (DOL) Wage and Hour Division: The DOL is responsible for enforcing the FMLA nationwide. If you believe your employer has improperly denied your FMLA request, discriminated against you for taking leave, or retaliated against you, you can file a complaint with the Wage and Hour Division. You can find more information and contact details on the U.S. Department of Labor website.
   • File a Complaint with Your State Labor Commissioner (if applicable): Some states, like California, have their own family leave laws that may offer additional or broader protections than the federal FMLA. If you are in a state with such laws, you may also consider filing a complaint with your state's labor department, such as the California Labor Commissioner's Office if you believe your rights under state law have been violated.

Action Plan for a Denied FMLA Request

Understanding your rights and the proper channels for recourse is essential if your FMLA request is denied.