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Posted By AUTHOR Mike Bannan on 08/29/2023 in Law Tips

FMLA Denied: Next Steps

FMLA Denied: Next Steps

The world of employee benefits and workplace policies can often feel like going through a complex maze. The Family and Medical Leave Act (FMLA) provides eligible employees with the right to take unpaid, job-protected leave for specific medical and family reasons. When seeking intermittent leave, filing the correct FMLA request form, and awaiting approval, the last thing you expect is a denied request. 


Yet, the reality is that FMLA denials do occur, leaving employees in a state of uncertainty and concern. Whether it's learning about the details of the FMLA form, figuring out why your request was denied, or creating a strong letter to ask for FMLA, our lawyers are here to help you. During a free consultation with a local lawyer, we'll give you tips and advice to handle what comes next, making this tough situation easier to manage.


Understanding Intermittent Leave and FMLA

Intermittent leave might sound like a big phrase, but it's really about taking breaks from work when you need them. Imagine if you or a family member were feeling unwell, and you needed time to take care of things without losing your job. That's where the Family and Medical Leave Act (FMLA) comes in. It's like a rule that says your job will be safe when you need to take these breaks for important reasons.


What is Intermittent Leave?

Intermittent leave is like taking little chunks of time off instead of one big vacation. It's for situations where you might need to go to the doctor every so often, or you have to help a family member with a health issue. This could mean leaving work a bit early some days or taking a few hours off when it's needed.


Receiving a Denial: Reasons and Reactions

Sometimes, even when you ask for intermittent leave under the FMLA, your request might not be approved right away. It's important to understand why this might happen and how to react.


Why Might Your Request Get Denied?

When your request for intermittent leave is denied, it's not a sign that your employer doesn't care about your situation. Maybe the information in your request form was not clear enough, or there was a mistake in the form. Sometimes, there might be specific rules at your workplace about how intermittent leave can be taken. It's also possible that your situation doesn't exactly match the reasons allowed by FMLA.

When you receive a denial, it's important to give yourself a moment to take a breath. Try not to jump to conclusions or let your emotions take over. It's natural to feel disappointed, but reacting impulsively might not be helpful. 

The first thing you can do after a denial is to ask your HR department or your boss for more information. Politely request to know the reasons behind the denial. Sometimes, it might have been a simple misunderstanding that can be cleared up with a conversation.


Deciphering the Denial: Seeking Clarification

The first thing you can do after receiving a denial is to seek clarification. Don't be afraid to ask your HR department or supervisor for more information about why your request was denied. Politely express your desire to understand the reasons behind the decision. This can help you identify any misunderstandings or gaps in communication that may have led to the denial.


Crafting an Effective Request for FMLA Letter

If the clarification reveals specific issues that led to the denial, it's important to address these concerns in a well-crafted request for an FMLA letter. This letter should be professional, concise, and persuasive. Start by acknowledging the denial and expressing your continued interest in taking intermittent leave under the FMLA. Then, address each concern raised in the denial and provide additional information or documentation that supports your case. Emphasize how intermittent leave would not only benefit you but also enable you to maintain your job responsibilities effectively.


The Appeal Process: Taking the Right Steps

If your initial request for intermittent leave was denied and your efforts to clarify the situation and provide additional information were not successful, you might have the option to appeal the decision. The appeal process involves formally requesting a review of the denial decision by your employer or HR department. 


Exploring Alternative Solutions

While appealing the denial is one route to consider, it's also worthwhile to explore alternative solutions with your employer. If the reasons for the denial are related to specific concerns or limitations, discuss with your supervisor or HR department to see if there are other ways to address those concerns while still meeting your needs for intermittent leave. This could involve proposing flexible work arrangements, adjusted schedules, or temporary modifications to your duties.


Legal Considerations and Seeking Assistance

If you feel like the denial wasn't fair or against the rules, you might need to ask a lawyer for help. Talking to an employment lawyer or a legal clinic can teach you about your rights if the denial was against the rules, and what you can do legally. Remember that the laws about work can be different in different places, so it's important to ask someone who knows about the laws where you live.

Getting a denied request for time off can be hard, but it's a chance to learn and become stronger. Even though you might feel sad, staying positive and determined will help you get through it. If you understand why your request was denied and talk to your boss to know more, it can be helpful. Remember, denial doesn't mean the end – there are ways to find a solution. If things get confusing, it's okay to ask a lawyer or someone who knows about the rules.


Disclosure:

This website is designed to provide only general information. The information presented on this website is not formal legal advice. You should not rely on any general information from any source for making legal decisions. Each legal matter is unique and requires specific attention from a qualified and experienced attorney. Reach Local Lawyers. We are not a law firm.