During the 2023 fiscal year, the Wage and Hour Division took action on 334 cases related to Family and Medical Leave Act (FMLA) violations, helping to recover more than $987,000 in back wages for 395 employees. The FMLA is a federal law that allows eligible employees to take unpaid leave from work while ensuring their job is protected for certain family and medical needs.
According to a Los Angeles medical leave claim lawyer, this law provides important protections for employees, but there are instances where employers may attempt to deny or interfere with an employee’s FMLA rights. Workers need to understand their rights and the circumstances under which employers can deny FMLA leave.
Let’s take a closer look at the FMLA:
Understanding FMLA Eligibility Criteria
To qualify for FMLA, you need to have been with your current employer for at least 12 months. During this time, you should have accumulated a total of 1,250 hours of work. These hours could include time spent working, on paid leave, or even on vacation.
You must work at a location where the company employs at least 50 employees within a 75-mile radius. If you meet these requirements, you may be able to take FMLA leave.
Some employers may not fall under the coverage of the FMLA. Small businesses with fewer than 50 employees are not required to offer FMLA leave. Different public agencies or schools might have varying criteria for eligibility. Confirm that your employer is subject to the FMLA regulations before pursuing leave under this act.
Reasons for FMLA Denial
If you’re seeking FMLA leave, understanding why your request might be denied can help you deal with potential obstacles effectively. There are several reasons why an employer may deny your FMLA leave request.
A frequent reason is when you can not provide the required medical certification to back up your request for leave. It is important to ensure that your healthcare provider fills out the certification accurately and completely to prevent any potential issues.
Another reason for FMLA denial could be if you fail to meet the eligibility criteria. Remember to check that you meet all the requirements before asking for FMLA leave, as this can help avoid any issues with eligibility.
If you don’t follow your company’s specific procedures for requesting FMLA leave or fail to give enough notice, your request might not be approved.
Employer Responsibilities Under FMLA
Employers covered by the FMLA have specific obligations to fulfill regarding employee leave. Employers are required to let their employees know about their rights and responsibilities under the FMLA. This involves offering clear instructions on how to ask for leave, what counts as a serious health condition, and what the employee needs to keep in mind while they are on leave.
Employers are required to keep health benefits for employees on FMLA leave just as they would if those employees were actively working. This involves keeping up with their portion of health insurance premiums and ensuring the employee can keep their coverage running smoothly.
Employers must reinstate employees to their original position or an equivalent one upon their return from FMLA leave. Employers must also guarantee that the employee’s job, pay, benefits, and terms of employment aren’t negatively impacted by taking FMLA leave.
Failure to meet these responsibilities can lead to legal consequences and potential liabilities for the employer.
Employee Rights and Protections
As mentioned, the FMLA guarantees that eligible employees can take approved leave without the worry of losing their job positions, providing important protection for their rights.
As an employee, you are entitled to take up to 12 weeks of unpaid leave for qualifying reasons, ensuring that you can do so without worrying about your job security. FMLA protections are there for all eligible employees with covered employers, ensuring they can return to the same or a similar position once their leave is over.
While you are on approved leave, your employer is required to keep your health benefits active under FMLA, helping to provide you with some peace of mind during tough times. It is important to know your rights and protections under FMLA so you can deal with any potential issues with confidence.
If you face any challenges with your FMLA rights, there are actions you can take right away to tackle them and stand up for what you deserve. Getting to know these protections helps you stand up for yourself and make smart choices about your leave and job security.
Steps to Take When FMLA Is Denied
When faced with a denial of FMLA leave, your next course of action involves understanding the steps to assert your rights effectively.
Examine the denial letter or message you received from your employer. It is important to take the time to understand the reasons behind the denial of your FMLA request. Consider discussing the denial with your employer to seek clarification on the decision. This communication might clarify any confusion or offer extra details that could assist with your leave request.
If the denial persists, you have the right to request a review of the decision. Many employers have internal processes for appealing an FMLA denial. Make sure to follow these steps carefully and share any relevant documents or information that can help with your situation. You may consider seeking legal advice or contacting the Department of Labor for further assistance.
Keep detailed records of all communications and actions taken regarding the FMLA denial to protect your rights and guarantee a fair resolution.
Conclusion
Employers have the ability to deny FMLA leave in specific situations, but it is important for you to know your rights and the protections available to you as an employee. If you feel that your FMLA request has been unjustly denied, it is important to take the right steps to resolve the issue and ensure that FMLA regulations are being followed.
Advocate for yourself and seek assistance from HR or legal resources if needed.
