FMLA leaves provide job-protected but unpaid leave to employees for their own health condition or a family member. During the calendar year, employees can take up to 12 weeks of unpaid leave that secures their employment. However, there are a few requirements for both the employee and the employer’s end.
The employee must be working for at least 12 months and worked more than 1,250 hours in total. For the employer, on the other hand, the requirements are quite flexible but most small business employees won’t be able to take FMLA leave. The legislation requires employers to have at least 50 employees. Not only limited to that but the employees must live within a 75-mile radius of the worksite.
The 12 weeks should be enough in most cases and but you can request additional leave from your employer. Learn more about that here.
Why would FMLA be denied?
An FMLA leave can be denied for a number of reasons. Often times, when the qualifications aren’t met on either the employer or the employee’s part, the leave can be denied. Other than this, since a healthcare provider must complete their section of the FMLA form that requests the leave, the doctors aren’t always keen to require homestays.
If everything fits perfectly and the qualifications are met, if there isn’t a solid reason for an FMLA leave to be denied, it is simply a matter of your employer not letting you use your rights. What you can do in this kind of situation is contacting the Department of Labor and simply notifying them about the wrongdoing in your workplace.
The Department of Labor is likely to then contact your employer and ask for the eligibility requirements first, then ask the reasoning for the denial. If the agency decides that you can take the leave, the DOL may impose a penalty on the establishment. So it is always going to be in your best interest to contact the Department of Labor in these cases.