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What to Do if Your FMLA Leave is Denied

What to Do if Your FMLA Leave is Denied

A sudden illness in your family, the birth of a baby, and an adoption of a child are all common reasons for taking family leave. The Federal Medical Leave Act (FMLA) gives eligible employees the option to take time off while providing job protections. The following details what to do if you are denied FMLA benefits.  

Common Reasons for Denied FMLA Benefits

The Family Medical Leave Act (FMLA) allows you to take 12 work weeks worth of unpaid leave in special situations. This includes the birth of a baby and their first year of life, adoptions and care during the year after placement, and circumstances in which you, your spouse, your child, or a parent suffer serious medical conditions. 

To be protected under the FMLA, you must work for a covered employer. This includes government agencies, private and public schools, and employers with at least 50 employees. However, even if your employer is required to provide these benefits, you may find your request denied. Common reasons for denied family leave include: 

  • You failed to meet eligibility guidelines, which require you to have worked at least 1,250 for a particular employer over a 12-month period;
  • Your situation does not fall under FMLA guidelines;
  • You did not provide evidence to support your request, such as a birth certificate, copies of adoption documents, or medical records;
  • You failed to provide advance notice in situations when warranted, such as during a pregnancy, in advance of adoption proceedings, or prior to a planned surgery. 

Your Rights in Filing a Family Medical Leave Act Claim

The FMLA provides important protections while you are on leave, which include protecting your current job position, maintaining your level of pay, and continuing your current health care coverage. Unfortunately, without these protections, the effects of taking an extended leave can be devastating. 

If you are an otherwise eligible employee and provided the appropriate evidence or advance notice as needed yet still had family leave denied, there are actions our Chicago FMLA attorney can take to protect your rights. These include: 

  • Filing a complaint through the Department of Labor (DOL);
  • Negotiating with your employer on your behalf in an effort to secure reasonable accommodations;
  • Filing an FMLA lawsuit, seeking reinstatement of your job, pay, and benefits, as well as compensation for any losses you suffered.  

Request A Consultation With Our Chicago FMLA Claim Attorney

Do not let denied benefits stand in the way of taking care of yourself and your loved ones. To discuss your options in filing an FMLA claim, request a consultation with the Law Office of Mitchell A. Kline. Give us a call or contact our Chicago FMLA claims attorney online today.