A covered employer cannot deny an eligible employee’s FMLA leave request. Your employer cannot require you to perform any work while you are on FMLA leave. It is also illegal for a covered employer to retaliate against an eligible employee who requests FMLA leave.
What Happens If My Fmla Is Denied?
If you are denied FMLA leave, you can file a lawsuit and seek compensation for lost wages or damages. An employment attorney can assist you in filing your lawsuit.
Why Would Fmla Be Denied?
In the event that an employee does not provide either a complete and sufficient certification or an authorization that allows the health care provider to provide a complete and sufficient certification to the employer, the employee’s FMLA leave request may be denied.
Can You Sue If Fmla Is Denied?
Back Pay. A lawsuit can be filed by employees who lost wages or benefits as a result of their employer’s interference with FMLA. In a lawsuit, all parties are responsible for mitigating damages, so even if an employee is wrongly terminated, he or she must actively seek employment.
Can You Sue For Being Denied Fmla?
You can sue your employer if they deny you FMLA or discriminate against you for taking it. In most cases, however, suing your employer is not worth it unless you are terminated.
Can You Be Fired If Fmla Is Denied?
FMLA leave is not available to all employees, but they can take leave anyway, so an employer may fire them unless they have contractual protections, such as collective bargaining agreements. In the same situation, employees who qualify for FMLA time and exhaust their 12 weeks may not be able to return to work after exhausting their FMLA time.
How Do I Sue For Fmla?
The Wage and Hour Division of the U.S. Department of Labor can be contacted by phone, mail, or in person.
When an employee discovers that his or her FMLA rights have been violated, the complaint should be filed within a reasonable time frame.