The Family and Medical Leave Act (FMLA) is a federal law that can protect employees who need to take unpaid leave for specific family and medical reasons.
In California, additional state laws, like the California Family Rights Act (CFRA), provide similar protections. If your employer denies your FMLA request, you must know your options and rights.
Understand the reasons for the denial
First, note the reason your workplace gave you for denying the FMLA claim. Common reasons include failing to meet eligibility requirements, such as not working for the employer for at least 12 months. If your employer’s reason is unclear, ask for clarification in writing.
Verify your eligibility
Ensure you meet all FMLA and CFRA eligibility criteria. If you do, gather evidence to support your claim, such as employment records, timesheets, and any correspondence regarding your leave request with your employer.
Discuss with HR
Schedule a meeting with your Human Resources (HR) department to discuss the denial. Present your evidence and ask them to reconsider your request. Sometimes, miscommunication or a lack of information can lead to an initial denial. You can resolve it through discussion.
File a complaint
If discussing the issue with HR doesn’t resolve it, you can file a complaint with the U.S. Department of Labor’s Wage and Hour Division (WHD) or the California Department of Fair Employment and Housing (DFEH). These agencies investigate FMLA and CFRA violations and can assist. If necessary, seek legal counsel.
If your FMLA request is denied in California, don’t panic. Filing a complaint with relevant agencies and exploring alternative leave options can help resolve your issue.