Denied FMLA Leave

Denied FMLA leave can result due to a number of reasons. Most commonly, employers deny the FMLA leave of the employees because either the employee or the employer doesn’t meet the FMLA requirements.

Sure, it is up to the employer to give a set amount of day-off to the employees without FMLA but as far as the FMLA is concerned, it can be denied. An employer with at least 50 employees within 75 mile radius of the worksite can only deny the employee’s FMLA under the following circumstances.

  • The employee worked less than 12 months before the FMLA leave.
  • The employee worked less than 1,200 hours in the past 12 months before the FMLA leave.

If these aren’t met by the employee, the employer has the right to deny the FMLA leave. If your FMLA has been denied while there are no problems with the requirement, you may want to contact your employer and get more information about the context of the denial.

As an employee, FMLA leave is right and you can go on leave for up to 12 weeks. In a situation where you are held back from your right, you must contact the Department of Labor and let them know. There are many employees who sue their employers for denying their FMLA leave willfully while being eligible.

Before you take such action though, it is best to contact your employer to sort these out between yourselves. After all, suing an employer is a serious deal. If all the options wear out, contact the Department of Labor and let them know that you are being held back from your right to take FMLA leave. To contact the Department of Labor, you can call 1-866-487-2365.

Posted in DOL

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