Handling a Denied FMLA Leave Request

If you attempted to secure time off for family or health reasons and your employer rejected the request, you might worry about your financial future or job security. Receiving a denial notice can be frustrating, but determining if the employer acted according to federal rules or interfered with your rights is a vital first step in addressing the situation.

Steps to Take Following a Leave Denial

1. Request a formal explanation. Ask your manager or the human resources department to provide the precise reason for the refusal in a written format. Having this explanation is necessary to understand if the decision resulted from eligibility issues, missing paperwork, or other factors, and it serves as a starting point for any potential challenge.
2. Consult your employee handbook. Review your company's leave policies to verify if you followed the required procedures for notifying your employer. You are generally expected to adhere to the company's standard notice requirements unless unusual circumstances prevent compliance, and this check confirms whether you met those obligations.
3. Verify your eligibility. Confirm that you meet the requirements, which include working for a covered employer, having 12 months of employment, and completing 1,250 hours of service during the 12 months before the leave starts. The 12 months of employment do not need to be consecutive, so previous periods of service may count, but checking these figures ensures you can address any claims the employer might make about your status.
4. Address any documentation gaps. If the rejection occurred because your medical forms were insufficient or missing, submit the required information without delay. You generally have 15 calendar days to provide requested certification, and if the employer claims it is incomplete, they must identify the problem and allow you time to correct it.
5. Follow internal appeal procedures. Should your workplace offer a method to contest the decision, submit a written challenge that outlines why you qualify for the time off. Include any supporting evidence that clarifies your situation, as this process may resolve the disagreement before you need to consider external action.
6. Maintain a file of all communications. Save every email, form, letter, and note regarding your leave request. Keeping these items organized is valuable, as contemporaneous documents help demonstrate whether the employer applied policies consistently or if the denial was connected to your request for protected time off. Ensure you only preserve records you are legally entitled to keep.
7. Observe changes in your treatment. Monitor your workplace for negative shifts, such as demotions, disciplinary actions, or schedule adjustments, that occur shortly after you requested leave. Such actions might suggest that the company is retaliating against you for attempting to use your legal entitlements, which is a different issue from a simple denial.
8. Assess your legal options for enforcement. You might consider filing a complaint with the Wage and Hour Division or pursuing a private lawsuit under 29 U.S.C. § 2617. You should keep in mind that the statute of limitations is two years from the violation, or three years if the violation was willful, so monitor the timeline closely to protect your ability to recover back pay, lost benefits, and other monetary losses.

For the full detail, including exceptions and specific Florida statutes, see Miami FMLA attorneys.

Watch on YouTube: Can You Be Fired for Taking Too Much Medical Leave in Florida?

About the firm

BT Law Group, PLLC was founded by Jason D. Berkowitz and Anisley Tarragona, who both practiced in the Miami office of a national labor and employment law firm representing management exclusively before launching it. Both are University of Miami School of Law graduates admitted in Florida, the U.S. District Courts for the Southern, Middle, and Northern Districts of Florida, and the U.S. Court of Appeals for the Eleventh Circuit.

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Also on this blog: Understanding Unpaid Commissions and Bonuses in Florida.

Related reading: Miami family medical leave lawyer.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.