What can a person do if they are denied FMLA?

On Behalf of | Dec 3, 2015 | FMLA |

Depending on where a person is employed and whether or not they meet the requirements to take FMLA, they may or may not be allowed to request leave. If a person does qualify, their employer has to let them take this leave and return to their job duties once their leave has ended. Even though this is how the process of requesting and taking leave should work, sometimes employers do not cooperate with employees and do not allow them to take leave or terminate them once they try to return to work.

An employer who does not approve an employee’s request for leave or terminates an employee after they take leave is violating the Family and Medical Leave Act. When an employee has encountered issues with their employer after they request FMLA, they have the option to still take the leave even though they have not been approved for it. However, their employer may decide to retaliate in some way.

You can file a claim against your employer for not approving the leave or for terminating you once you returned from leave whether or not it was approved. Should you decide to file a claim against your employer, you may be able to return to your position and job duties once things have been resolved. Depending on what exactly you are seeking from your employer when you file the claim, you may also be able to receive compensation for your troubles.

It is never right for an employee to be denied leave if they can take it. Whether the leave is for their own personal injury or to tend to a loved one, it is important for them to take this time off until they can return to their duties at work. Should you have questions or concerns about FMLA or being denied leave, you can contact an attorney, as they may be able to help you file a claim or answer any questions you may have.


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