FMLA Rights: What to Do If Your Employer Denies Your Leave

The Family and Medical Leave Act (FMLA) entitles eligible employees to job-protected leave when they need time off from work for qualifying family and medical purposes. If you are an eligible employee and you request FMLA leave for a qualifying purpose, your employer is required to approve your request, with only limited exceptions.

So, what if it doesn’t?

If your employer has improperly denied your request for FMLA leave, you have clear legal rights. In this scenario, we strongly recommend speaking with an experienced Philadelphia FMLA lawyer as soon as possible. You will need to make informed decisions about your next steps—including whether to take time off or go to work—and an experienced lawyer will be able to guide you forward with your best interests in mind.

7 Important Steps to Take if Your Employer Denied Your Request for FMLA Leave

Did your employer deny your request for FMLA leave? If so, here are seven important steps you should take promptly:

1. Make Sure You Have Documentation of Your FMLA Leave Request

You should make sure you have documentation of your request for leave under the Family and Medical Leave Act (FMLA). In order to hold your employer accountable for violating the FMLA, you will need proof that you did what was required of you under the law. If you submitted a valid and timely leave request—and if you have the documentation to prove it—this will be key to holding your employer accountable.

2. Make Sure You Have Documentation of Your Employer’s Response

Likewise, you should make sure you have documentation of your employer’s response. If you receive an email or letter denying your FMLA leave request, you should make a copy of this and keep it in a safe place. If you were verbally told that you would not be approved for FMLA leave, you should take detailed notes about this conversation. Write down where and when it happened, who you spoke with, and the substance of your discussion. Include direct quotes, if possible.

3. Review the Requirements for FMLA Eligibility

Before you take any legal action against your employer, it will be important to confirm that you are eligible to take job-protected leave under the FMLA. While the FMLA covers many employees, it does not cover all employees in Pennsylvania. To be eligible for FMLA leave, you must:

Work for a Covered Employer – The FMLA applies to private sector employers with 50 or more employees. To qualify for FMLA leave, you must work at a location where your employer has 50 or more employees within 75 miles.
Be a Covered Employee – If you work for a covered employer, you must have worked for your employer for at least 12 months, and you must have worked at least 1,250 hours during the most recent 12-month period. As the U.S. Department of Labor (DOL) explains, “[This] includes only those hours actually worked for the employer. Paid leave and unpaid leave, including FMLA leave, are not included.”

If you do not meet both of these requirements, then you are not eligible to request leave under the FMLA. If you are unsure whether you are eligible, an experienced FMLA lawyer can determine whether you have grounds to file a claim for wrongful denial of FMLA leave against your employer.

4. Review the Requirements for Qualifying Family and Medical Leave

In addition to being eligible to request FMLA leave generally, you must also request leave for a qualifying family or medical purpose. Employers are not required to approve requests that fall outside of the FMLA’s protections.

There are five qualifying reasons for requesting leave under the FMLA:

The birth of a child and to bond with a newborn child
Adopting or fostering a child and bonding with the child
Dealing with a serious health condition that prevents you from working
Caring for an immediate family member who has a qualifying serious health condition
“Qualifying exigencies” related to an immediate family member being called into military service

While there are restrictions on employers’ ability to request medical information from their employees, employers generally have the right to assess whether they need to comply with the FMLA. Here too, an experienced FMLA lawyer can assess your situation and determine whether legal action is warranted.

5. Prioritize Any Emergency Medical Needs

Regardless of your employment-related circumstances, your health (or your loved one’s health) should come first. If you are facing a medical emergency, you should focus on making sure you get the care that you (or your loved one) need.

6. Keep Any Documentation Related to Your Request or Leave

Going forward, you should keep any documentation related to your FMLA request or any leave you choose to take. This includes copies of all relevant employment and medical records, as well as emails, text messages and other communications with your employer. If you have a claim for wrongful denial of FMLA leave, the more documentation you have available, the better. Your lawyer will be able to review this documentation and determine what is needed to assert your legal rights effectively.

7. Seek Advice from an Experienced FMLA Lawyer

Finally, due to the complexity of the FMLA and the importance of being able to take leave when you need it, we strongly recommend that you seek advice from an experienced FMLA lawyer. It should not cost you anything to learn about your legal rights, and your lawyer should be prepared to take legal action on your behalf immediately if necessary.

Speak with a Philadelphia FMLA Lawyer in Confidence As Soon As Possible

Do you need to speak with a Philadelphia FMLA lawyer? If so, we strongly encourage you to get in touch. We provide free initial consultations for all employment-related legal matters, and our lawyers can help you make informed and confident decisions about your next steps. Call 267-273-1054 or tell us how we can reach you online to schedule an appointment today.