Your Employer Denied Your FMLA. What Now?

Posted on Feb 06, 2019 by Brittany Carter

Stamp denying FMLA

The Family and Medical Leave Act provides crucial support to employees who need to take time off from work to take care of themselves or a family member. If an employer is covered by the FMLA compliance is not voluntary.

Unfortunately, some workers are unlawfully denied FMLA leave or retaliated against for taking it. As a leading Philadelphia employment law firm, we regularly receive many questions, such as, “I have had my FMLA denied, what now?”

If you have this question, you may need an attorney to help protect your rights. Here are the steps you should take to obtain the leave that you are entitled to.

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Obtain the Reason Your Employer Denied the Leave

Your employer should tell you why they are denying leave. For example, you might not have met the required qualifications:

  • You must have worked for your employer for at least 12 months
  • You must have worked at least 1,250 hours for the business over the previous calendar year
  • Your employer must be large enough (usually, the company needs to employ at least 50 people in a 75-mile radius of your worksite)

If you don’t meet these qualifications, then your employer may deny FMLA leave.

You must also be seeking leave for a condition that qualifies for protection under the FMLA.  For example, you may show that you are covered by the FMLA by showing:

  • You have a serious health condition
  • You are giving birth or adopting a child
  • You are caring for a parent, child, or spouse who has a serious health condition

Hire an Attorney to Help You

Navigating FMLA requests and denials is difficult for most people, especially when they are trying to deal with an illness or other contingency. Fortunately, professional legal help is available.

At Console Mattiacci Law, we assist employees just like you who have been denied FMLA leave unfairly to get you time off from work and all the protections that the federal law provides.

To learn more, contact us today. We have decades of experience we can put to work for you. Please call to schedule an initial consultation.

Call the employment law attorneys at Console Mattiacci today at
(215) 545-7676 to schedule a consultation
for your case.

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