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Being denied family or medical leave can be overwhelming, especially when you are facing a personal or family health crisis. The Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA) offer legal protections for employees who need time off for medical reasons or family care. If you’ve been denied this essential leave, it’s important to understand your rights and the steps you can take to address the issue.

Understand Your Rights Under FMLA and CFRA

The first step in addressing a denied leave request is understanding the laws that protect you. The FMLA and CFRA ensure that eligible employees can take up to 12 weeks of unpaid leave for specific family or medical reasons without fear of losing their job.

  • FMLA: Covers employees of companies with 50 or more employees within a 75-mile radius. It provides up to 12 weeks of leave for serious health conditions, childbirth, or care for an immediate family member.
  • CFRA: Applies to employers with 5 or more employees and offers similar protections as FMLA but may also cover additional circumstances, such as leave to care for a registered domestic partner.

If you meet the eligibility requirements and have been denied leave, your employer may be in violation of these laws.

Step 1: Review the Denial

If your request for family or medical leave was denied, the first step is to carefully review the reasons given by your employer. In some cases, the denial could be due to misunderstandings or missing documentation. Common reasons for denial include:

  • Not meeting the eligibility criteria (e.g., not having worked the required 12 months or 1,250 hours).
  • Lack of proper medical certification.
  • Misunderstanding of the request by your employer.

Step 2: Clarify the Situation with Your Employer

If the denial is based on a misunderstanding or missing documentation, you may be able to resolve the issue by clarifying the situation with your employer. Make sure to provide any required documentation, such as a doctor’s note or medical certification, and explain how your situation qualifies for FMLA or CFRA leave.

It’s important to keep a record of all communications with your employer, including emails and written responses, in case you need to provide evidence later on.

Step 3: File a Complaint with HR or a Government Agency

If your employer refuses to grant leave despite your eligibility, you can file a formal complaint. Start by reporting the issue to your human resources (HR) department, providing any supporting documentation that proves your eligibility for FMLA or CFRA leave. If HR does not resolve the matter, you can escalate the issue by filing a complaint with the appropriate government agency.

  • FMLA: File a complaint with the U.S. Department of Labor’s Wage and Hour Division (WHD).
  • CFRA: File a complaint with the California Department of Fair Employment and Housing (DFEH).

Step 4: Seek Legal Assistance

If your employer continues to deny your family or medical leave request or retaliates against you for attempting to take leave, it may be time to seek legal help. Consulting an experienced employment attorney is critical to ensuring your rights are protected and that you receive the time off you are entitled to under the law.

PLBH is here to guide you through the legal process, helping you gather the necessary documentation, file a complaint, or pursue legal action if needed.

Step 5: Consider Legal Action

If your employer does not resolve the situation or retaliates against you, such as by demoting you, reducing your hours, or firing you, you may have grounds for a lawsuit. Filing a lawsuit can help you recover lost wages and even reinstatement to your job if you were wrongfully terminated.

Before taking this step, consult with an attorney to evaluate your case and ensure all legal requirements are met.

Protecting Your Right to Leave

Family and medical leave is a vital right for employees facing personal or family health issues. If your request has been wrongfully denied, understanding your legal options can help you protect your job and your health. For professional guidance, contact PLBH at (800) 435-7542 to discuss your case and explore your options.