Under the Family and Medical Leave Act (FMLA) and state laws, eligible employees have the right to take unpaid leave for qualifying medical or family reasons without fear of retaliation. Unfortunately, some employers wrongfully deny leave requests, forcing employees to choose between their health or family needs and their jobs.
If your employer has denied your family or medical leave, you have the right to challenge their decision. Gathering the right documentation is crucial to proving your eligibility and holding your employer accountable. Contact PLBH at (800) 435-7542 for a free legal consultation.
Understanding Your Rights Under Family and Medical Leave Laws
Employees covered by FMLA or similar state laws may take up to 12 weeks of unpaid, job-protected leave per year for:
- A serious health condition that prevents them from working
- The birth or adoption of a child
- Caring for a spouse, child, or parent with a serious health condition
- A qualifying need related to a family member’s military service
To qualify, employees must have worked for their employer for at least 12 months and completed at least 1,250 hours in the past year. Employers with at least 50 employees within a 75-mile radius are required to provide FMLA leave.
If your employer denied your request despite meeting these criteria, strong documentation can help you challenge their decision.
Key Documents to Gather When Challenging a Leave Denial
When disputing a denied leave request, having thorough documentation can support your claim and prove that your employer acted unlawfully.
Proof of Eligibility for Leave
- Pay stubs or work schedules confirming you have met the required 1,250 hours of service
- Employment records verifying that you have worked for the employer for at least 12 months
- Company policy documents showing that the employer falls under FMLA requirements
If your employer claims that you do not qualify for leave, these documents can help prove otherwise.
Medical Certification Forms
- A completed FMLA Certification of Health Care Provider Form signed by a doctor
- Additional medical records or doctor’s notes explaining the necessity of leave
- Documentation of hospital visits, treatments, or prescribed rest periods
If your employer denied leave due to insufficient medical evidence, obtaining a second opinion from another healthcare provider may also help.
Leave Request Correspondence
- Copies of written leave requests (emails, forms, or letters) submitted to your employer
- Any acknowledgment or response from your employer regarding the leave request
- Notes from any verbal conversations with HR or supervisors about your leave
Having written proof that you requested leave can prevent your employer from claiming they were unaware of your request.
Employer’s Leave Denial Notice
- The official letter or email denying your leave request
- Any reason your employer provided for the denial
- Documentation of any alternative accommodations or leave options they suggested
Understanding the employer’s stated reason for denial can help identify whether they violated your rights under FMLA.
Evidence of Employer Retaliation or Discrimination
- Performance reviews or disciplinary records showing unfair treatment after requesting leave
- Emails or messages containing threats, negative remarks, or unfair scheduling changes
- Proof of termination, demotion, or reduced hours following your leave request
Employers cannot retaliate against employees for exercising their right to medical or family leave. Any negative actions taken after requesting leave may be evidence of unlawful retaliation.
Steps to Take After a Leave Denial
If you believe your leave was wrongfully denied, follow these steps to challenge your employer’s decision.
- Review your employer’s leave policy – Ensure that your request meets company guidelines and legal requirements.
- Request clarification – Ask your employer for a detailed explanation of why your leave was denied.
- Gather all necessary documents – Collect all medical records, leave request forms, and correspondence to support your claim.
- File a formal complaint with HR – Submit an internal complaint with supporting evidence.
- Seek legal assistance – If your employer refuses to comply with the law, consult an employment attorney for guidance.
- File a complaint with the Department of Labor – If internal complaints fail, you may report the violation to the Wage and Hour Division of the U.S. Department of Labor.
When to Contact an Employment Attorney
Employers often try to justify wrongful leave denials by misinterpreting FMLA laws, questioning medical documentation, or retaliating against employees who assert their rights. An experienced employment attorney can help by:
- Reviewing your eligibility and supporting documents
- Communicating with your employer to challenge the denial
- Filing a formal complaint with labor authorities if necessary
- Representing you in legal action to recover lost wages or job reinstatement
If your employer has denied your right to family or medical leave, do not wait to take action. Contact PLBH at (800) 435-7542 today for a consultation and protect your rights in the workplace.