What to Do When Denied a Non-Medical Leave of Absence

The Family and Medical Leave Act (FMLA) is structured to allow qualifying employees to take unpaid leave. This can be for medical needs or caring for a family member while ensuring their job security upon return. However, not all employees are entitled to FMLA leave. There have been instances where eligible employees have been denied their rightful leave. If you find yourself in a situation where your leave has been denied, understand these aspects.

Determine If the FMLA Applies to Your Situation

The Family Medical Leave Act offers security for workers grappling with certain health-related issues. Companies that employ 50 or more individuals are obliged under the FMLA to provide a guaranteed 12 weeks of unpaid leave within a year. FMLA addresses health concerns such as:

• Childbirth and subsequent care for the newborn
• The employee’s serious illnesses or injuries
• severe health conditions affecting the employee’s spouse, child, or parent
• time following the adoption or foster care placement of a child
• A maximum of 26 weeks for caring for a spouse, parent, or child injured service member, with the employee being the “next of kin”.

Additional information on the eligibility criteria for the FMLA, the procedure for requesting FMLA leave, and the benefits and protections offered by the FMLA can be sourced from the U.S. Department of Labor’s website.

In cases where you face termination or layoffs due to requesting medical leave, exploring all possible solutions to ensure financial stability during this challenging period is essential. However, not every employee or health condition falls under the purview of the FMLA. You may find that your circumstances don’t align with your qualifications for filing a complaint under FMLA.

While this doesn’t prevent you from seeking a satisfactory resolution, you won’t have nationwide legal protection. Alternatively, you may find you qualify for FMLA leave, but your employer is dishonestly trying to refuse it.

Appeal Denied Request

If a California-based worker is not granted leave under workplace leave laws, they can contest this decision. Per the state’s legal regulations, any disputes against such denials must be lodged within a 30-day timeframe from when the denial notice was received from their employer. The appeal should contain any fresh evidence bolstering the original application.

This may encompass medical documentation or eyewitness testimonies confirming the need for FMLA leave. Following this, the employer is given a 10-day period to address the dispute and either approve or decline it, considering the extra information provided.

If an individual needs support while appealing a rejected FMLA leave application, they are advised to consult with a seasoned FMLA attorney in California. These professionals can offer strategic advice on effectively presenting evidence during the appeal process, and counsel on potential legal repercussions if the employer does not adhere to the relevant laws.  Proficient lawyers can also help employees comprehend their entitlements under the CFRA and ensure all required actions are executed promptly.

File a Complaint with the Labor Department

If your leave application aligns with the Family Medical Leave Act, but your employer has unjustly refused it, you can complain to the Department of Labor. You can initiate this process through either online means or a phone call to the DOL. It’s important to retain all necessary documents to respond to any detailed inquiries about your case. If your issue doesn’t come under FMLA or the resolution isn’t satisfactory, considering legal assistance to defend your rights as an employee might be the next step.

Endnote

If your employer rejects your non-medical leave of absence request, it may be difficult to determine the next course of action. Engaging an employment lawyer can assist in comprehending your rights and guide you through any necessary legal steps. They can also help establish your entitlement to leave.

Mike

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