The Family and Medical Leave Act (FMLA) is a federal law that requires covered employers to provide eligible employees with up to 12 weeks of unpaid leave in a 12-month period for certain family and medical reasons. California also has its own state law, the California Family Rights Act (CFRA), which provides additional protections to employees beyond those offered by the federal FMLA.
While the FMLA and CFRA are designed to protect employees’ rights to take time off for certain reasons, there are situations where an employee’s request for FMLA leave may be denied. Here’s what you need to know if you are denied California FMLA leave.
Reasons for Denial
There are several reasons why an employer may deny an employee’s request for FMLA leave in California. One reason is that the employee is not eligible for FMLA leave. To be eligible, an employee must have worked for their employer for at least 12 months and have worked at least 1,250 hours during the previous 12-month period. If an employee does not meet these eligibility requirements, their request for FMLA leave may be denied.
Another reason for denial is that the employee is not requesting FMLA leave for a covered reason. FMLA leave is only available for specific reasons, including the birth or adoption of a child, to care for a family member with a serious health condition, or if the employee has a serious health condition themselves. If an employee requests FMLA leave for a reason that is not covered by the law, their request may be denied.
An employer may deny an employee’s request for FMLA leave if the employee has already exhausted their available leave under the FMLA or CFRA.
What to Do if Your Request is Denied
If your employer denies your request for FMLA leave, there are several steps you can take. The first step is to talk to your employer and find out why your request was denied. Your employer should provide you with a written explanation for the denial.
If you believe that your employer has improperly denied your request for FMLA leave, you may want to consider filing a complaint with the California Labor Commissioner’s Office or the U.S. Department of Labor’s Wage and Hour Division. You may also want to consult with an employment attorney who can advise you on your legal rights and options.
If you are still denied FMLA leave after taking these steps, you may need to consider alternative options, such as using any available sick or vacation time or taking an unpaid leave of absence.
It is worth noting that under the FMLA and CFRA, it is illegal for an employer to retaliate against an employee for requesting or taking FMLA leave. Retaliation can include adverse actions such as demotion, termination, or negative performance evaluations. If you believe that you have experienced retaliation for requesting FMLA leave, you should speak to an employment attorney who can advise you on your legal rights.
If you are denied California FMLA leave, it is important to understand why your request was denied and to explore your options for recourse. By being informed and proactive, you can protect yourself and ensure that your rights are respected.
The Myers Law Group, APC is an employment law firm that specializes in helping employees who have been denied California FMLA leave. Our experienced attorneys can provide legal guidance and representation throughout the process of challenging a denial of FMLA leave. Here are some ways that The Myers Law Group, APC can help:
Legal Consultation: Our attorneys can provide a consultation to review the facts of your case and help you understand your legal rights and options.
Appeal: If your request for FMLA leave has been denied, our attorneys can help you appeal the decision with your employer and provide legal support throughout the appeals process.
File a Complaint: If your employer has violated the FMLA or CFRA, our attorneys can help you file a complaint with the California Labor Commissioner’s Office or the U.S. Department of Labor’s Wage and Hour Division.
Litigation: If your employer has retaliated against you for requesting FMLA leave or has violated your FMLA rights, our attorneys can represent you in litigation to protect your rights and obtain compensation for any damages.
Negotiation: Our attorneys can work with your employer to negotiate a settlement that compensates you for any losses resulting from the denial of FMLA leave.
At The Myers Law Group, APC, we understand the challenges that employees face when dealing with the denial of FMLA leave. We are dedicated to providing compassionate and effective legal representation to help employees protect their rights and obtain the leave they need for important family and medical reasons.