Your options when an employer denies your FMLA request

On Behalf of | Jan 15, 2025 | FMLA Discrimination

The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid leave for specific medical or family reasons. Not only does this act provide much-needed time off, but it protects the employee’s job while they are away. 

If an employer denies your valid FMLA request in Florida, understanding your options is important to protect your rights.

Confirm eligibility and compliance

Before taking action, verify that you meet FMLA requirements. You must have worked for your employer for at least 12 months, clocked at least 1,250 hours in the past year and work at a location with 50 or more employees within a 75-mile radius. Ensure the reason for your leave qualifies under FMLA, such as a serious health condition or caring for a family member with a qualifying condition.

If you meet these criteria, confirm that you provided sufficient notice to your employer. FMLA typically requires 30 days’ notice for foreseeable leave or as much notice as possible for unforeseen situations. Include proper documentation, including relevant medical records, to support your request.

Communicate with your employer

Discuss the denial with your employer to understand their reasoning. Sometimes, an employer may misunderstand FMLA requirements or overlook documentation. Clear communication with proper explanation can resolve issues without further escalation.

File a complaint

If the denial remains unresolved and you believe your employer violated FMLA, you can file a complaint with the U.S. Department of Labor’s Wage and Hour Division. This agency enforces FMLA compliance and investigates potential violations. In Florida, you can contact the WHD office closest to you to initiate the complaint process.

Document everything

Maintain records of your FMLA request, supporting documentation and any communication with your employer. Include emails, letters or notes from meetings. Documentation will strengthen your case if you need to escalate the issue.

If you are an eligible employee, you have the right to take leave under FMLA and challenge a wrongful denial. When issues arise, it is important to act quickly and advocate for your employment rights.