Know Your Rights: Suing Your Employer For Denying FMLA Medical Leave

April 26, 2023

The Family and Medical Leave Act (FMLA) provides employees with the right to take up to 12 weeks of unpaid leave each year for certain medical and family reasons. This leave is protected by law, and your employer cannot retaliate against you for taking FMLA leave. However, what can you do if your employer denies you FMLA leave?

If your employer has denied your request for FMLA leave, you may have the right to sue them for violating your rights under the law. Here’s what you need to know:

1. Know Your Rights Under the FMLA

Under the FMLA, eligible employees have the right to take up to 12 weeks of unpaid leave each year for qualifying reasons such as a serious health condition, the birth or adoption of a child, or to care for a family member with a serious health condition. Your employer cannot interfere with your right to take FMLA leave or retaliate against you for taking it.

2. Document Everything

If your employer has denied your request for FMLA leave, it’s important to document everything related to the denial, including any conversations with your employer, emails, and written communication. This documentation will be important if you decide to file a lawsuit against your employer.

3. Speak with an Employment Lawyer

If you believe that your employer has denied your FMLA leave in violation of the law, you should speak with an experienced employment lawyer. An attorney can help you understand your rights and legal options, and can represent you in court if necessary. Pietrucha Law Firm represents employees in FMLA retaliation and FMLA interference cases nationwide.

4. File a Complaint with the Department of Labor

Before filing a lawsuit, you may want to consider filing a complaint with the Department of Labor (DOL). The DOL can investigate your claim and may be able to resolve the issue without the need for a lawsuit.

5. Consider Filing a Lawsuit

If the DOL is unable to resolve your claim, or if you are not satisfied with the outcome, you may want to consider filing a lawsuit against your employer. A lawsuit can help you recover damages for lost wages and benefits, emotional distress, and other damages related to your employer’s violation of your FMLA rights.

If your employer has denied your request for FMLA leave, it’s important to know your rights and legal options. Speaking with an experienced employment lawyer can help you understand your options and determine the best course of action. Remember, FMLA leave is a protected right, and your employer cannot retaliate against you for taking it.