When you need time off for a serious health condition or to care for a family member, the Family and Medical Leave Act (FMLA) offers important job protections. But what happens when your employer denies your FMLA request? Knowing what to do next can help you protect your rights and your job.
Understand why your request was denied
The first step is to find out why your employer denied your FMLA request. Employers must give a clear reason in writing, such as missing paperwork or ineligibility. Sometimes, denials happen because the employee hasn’t worked for the company long enough or hasn’t met the required 1,250 work hours in the past year. Other times, the issue may involve incomplete medical certification. Understanding the reason helps you know whether the denial is valid or if you can challenge it.
Review your eligibility and documentation
After learning the reason for the denial, check whether you meet FMLA’s basic requirements. You must work for a covered employer, have been employed for at least 12 months, and have worked the required hours. Then, review your medical certification. Make sure it includes all necessary information, such as the expected duration of your leave and confirmation that your condition qualifies as serious under FMLA standards. If your certification is missing details, your healthcare provider can update it so you can resubmit it.
Communicate clearly with your employer
Keep your communication professional and in writing. Ask for clarification if you don’t understand the denial. You may also request a second opinion if your employer questions your medical certification. Providing additional documentation or correcting errors often resolves misunderstandings. Staying calm and cooperative shows that you’re serious about following proper procedures.
Explore your next options
If your employer continues to deny your request without a valid reason, you have the right to take further action. You can file a complaint with the U.S. Department of Labor’s Wage and Hour Division or pursue internal remedies within your company’s HR department. Acting quickly ensures your situation receives proper review before deadlines expire.