What to do if your FMLA leave request is denied

Having your Family and Medical Leave Act (FMLA) leave request denied can be frustrating, especially when you face health challenges or need time to care for a family member. However, you can take action if your request is denied. By understanding your rights and options, you can address the situation effectively.

Review the reason for denial

Start by understanding why your request was denied. Your employer must provide a clear explanation for their decision. Review the denial notice or speak with HR to find out if they rejected your request due to incomplete paperwork, eligibility issues, or another reason. If the explanation is unclear, ask for more details.

Make sure you meet eligibility requirements

Before taking further steps, confirm that you meet the basic FMLA eligibility criteria. To qualify, you must have worked for your employer for at least 12 months and have logged at least 1,250 hours of work in the past year. Additionally, your employer must have 50 or more employees within a 75-mile radius of your workplace. If you don’t meet these requirements, your employer may have validly denied your request.

Appeal the decision

If you believe your FMLA request was wrongly denied, you can appeal the decision. Submit a formal appeal to your employer in writing. Include any additional information or documentation that supports your eligibility and need for leave, such as medical certificates or a detailed explanation from your healthcare provider. Your employer may reconsider their decision based on the new evidence.

Seek outside help

If you cannot resolve the issue internally, contact the U.S. Department of Labor (DOL) or a local labor board to file a complaint. The DOL can investigate whether your employer violated FMLA rules. You may also reach out to an employment rights organization or other resources that can guide you through your options.

Don’t let a denied request leave you stuck. By reviewing the reason for denial, confirming your eligibility, appealing the decision, and seeking external support, you can protect your rights.