Receiving a denial for your FMLA leave request can feel like a devastating blow, especially when you are already managing a serious health condition, caring for an ailing family member, or welcoming a new child. The last thing you need is the anxiety of job insecurity on top of your personal challenges. This is a situation no employee should face alone, yet it happens frequently.
Employers may deny or interrupt a legitimate leave request due to administrative errors, a misunderstanding of the law, or, in some cases, an intentional violation of your employee rights. The Family and Medical Leave Act (FMLA) is a powerful federal law designed to protect you in these moments. If your employer has rejected your leave request or is pressuring you to return to work early, they may be engaging in unlawful conduct. This guide provides the best steps to take to understand your protections, challenge the decision, and secure the medical leave you are entitled to.
Understand Your Rights Under the Family and Medical Leave Act (FMLA)
Before you can effectively challenge a denial of your family and medical leave, you must have a clear understanding of what you are entitled to under the law. The FMLA is a cornerstone of employment law in the United States, designed to help employees balance the demands of the workplace with their critical family and medical needs. Knowing the scope of this federal law is the first step in protecting yourself.
What the Family and Medical Leave Act Protects
The FMLA grants eligible employees three fundamental rights during their leave.
If you are an eligible employee working for a covered employer, the FMLA grants you specific, non-negotiable rights. These protections are the foundation of your claim and ensure you do not have to choose between your health and your job.
- 12 Weeks of Unpaid Leave: You are entitled to up to 12 workweeks of unpaid leave within 12 months for qualifying reasons. While this leave is unpaid, your employer may require, or you may elect, to use accrued paid sick, vacation, or personal leave concurrently.
- Job Protection: This is one of the most critical aspects of FMLA. Upon returning from leave, your employer must restore you to your original job or an equivalent position. An “equivalent” position means one with the same pay, benefits, responsibilities, and other terms of employment.
- Continuation of Health Benefits: Your employer must maintain your group health insurance coverage under the same terms and conditions as if you had not taken leave. You will likely still be responsible for paying your portion of the premium.
Eligibility Requirements Employers Often Misapply
Many FMLA leave denials stem from an employer’s misapplication or incorrect calculation of eligibility criteria. This is particularly true for large companies, as 46% of employers with over 1,000 employees now outsource their FMLA administration, which can lead to errors. To qualify for FMLA protection, you must meet three specific criteria:
- 12 Months of Employment: You must have worked for your employer for at least 12 months. These months do not need to be consecutive.
- 1,250 Hours Worked: You must have worked at least 1,250 hours during the 12 months immediately preceding the start of your leave. Employers sometimes fail to count overtime hours or miscalculate hours for remote work.
- Company Size and Location: You must work for a covered employer, which includes private sector employers with 50 or more employees within a 75-mile radius of your worksite, as well as all public agencies and local education agencies, regardless of size.
It is vital to verify your own employment records against your employer’s claims if your job eligibility is cited as the reason for denial.
Common Situations Where FMLA Is Wrongfully Denied
Even when an employee clearly meets the technical requirements, some employers deny a leave request based on a flawed understanding of what constitutes a qualifying reason. Common areas of dispute include:
- Serious Health Condition: FMLA covers any medical condition requiring inpatient care or continuing treatment by a healthcare provider. Employers sometimes wrongly dismiss claims for mental health conditions like severe depression or PTSD, or for a chronic serious health condition like migraines or Crohn’s disease that requires intermittent FMLA leave for flare-ups.
- Family Care: The FMLA allows leave to care for a spouse, child, or parent with a serious health condition. Employers may incorrectly deny leave to care for an adult child who is incapable of self-care.
- Military Family Leave: The FMLA provides specific military family leave entitlements, including qualifying exigency leave for military deployments and up to 26 weeks of military caregiver leave to care for a covered servicemember with a serious injury or illness. These requests are sometimes mishandled due to their complexity.
Review the Reason Your FMLA Leave Was Denied or Interrupted
If your leave is denied, do not accept a verbal “no” as the final answer. You must investigate the specific, official reason behind the decision. A vague explanation is not sufficient and may be a red flag that your rights are being violated.
Request a Written Explanation Immediately
Your employer is legally required to provide you with a formal notice detailing why your FMLA request was denied. If Human Resources or your manager has not provided this in writing, request it immediately via email. A written explanation is crucial for two reasons: it forces the employer to commit to a specific justification, and it creates a critical piece of evidence should you need to pursue legal action.
Lawful vs. Unlawful Denial Reasons
Not every denial is illegal. It is important to distinguish between a fixable administrative issue and an unlawful barrier. According to the U.S. Department of Labor, denial of FMLA leave figured in 33% of violation cases in 2025, making it a top concern for employees.
Potentially Lawful Reasons:
- Incomplete Medical Certification: You failed to provide a complete and sufficient medical certification from a healthcare provider within the required 15-day deadline.
- Failure to Meet Eligibility: You genuinely did not work the required 1,250 hours in the previous year or meet other job eligibility criteria.
- Insufficient Notice: You failed to give 30 days’ notice for a foreseeable event (like a planned surgery) without a reasonable excuse.
Potentially Unlawful Reasons:
- Discouraging Leave: A manager tells you that taking leave will “hurt the team” or negatively impact your career.
- Ignoring Documentation: The employer claims they never received your medical documentation, even though you have proof of submission.
- Retaliation for Past Leave: Denying a new leave request because you took FMLA leave in the past.
How Interrupted Leave Can Signal Interference
FMLA interference doesn’t always come as a formal denial. Sometimes, an employer approves the leave but then undermines it. If your boss is constantly calling you with work-related questions, pressuring you to return early, or asking you to perform tasks remotely while on unpaid medical leave, this constitutes illegal interference with your FMLA rights. Your right to leave includes the right to be free from work.
Take Immediate Steps to Protect Yourself After an FMLA Denial
Once you suspect your rights have been violated, you must act swiftly and strategically to build your case. The actions you take immediately following a denial can significantly impact your ability to successfully challenge the decision.
Thoroughly Document Everything
Documentation is the backbone of any successful employment law claim. Start creating a detailed paper trail of every interaction related to your leave request.
- Save All Communications: Keep digital and physical copies of all emails, texts, official letters, and forms exchanged with HR professionals, your supervisors, or third-party administrators regarding your FML leave.
- Create a Detailed Timeline: Write down the exact dates you requested leave, submitted medical forms, received verbal and written responses, and any related conversations.
- Memorialize Conversations: After any phone call or in-person meeting, send a polite follow-up email summarizing what was discussed (e.g., “To confirm our conversation today, you stated my leave was denied because the medical certification was insufficient. Could you please specify which sections need clarification?”).
- Collect Witness Accounts: If a coworker overheard a manager making discouraging remarks about your leave, make a private note of who was present, the date, and what was said.
ICorrect or Supplement Medical Certification
f the denial is based on your medical certification being “insufficient” or “incomplete,” the law provides a clear path forward. Your employer must inform you in writing what information is missing and give you at least seven calendar days to “cure” the deficiency. Do not give up. Immediately contact your healthcare provider, explain the specific details your employer requires, and request an updated form. Ensure the provider is clear about the medical necessity, duration, and frequency of your need for leave to treat your medical condition.
Follow Employer Policies But Don’t Rely on Them Alone
Review your employee manual or any collective bargaining agreements for policies on medical leave and dispute resolution. If an internal appeal process exists, follow it. This demonstrates that you made a good-faith effort to resolve the issue internally. However, remember that the primary function of Human Resources is to protect the company. While you should comply with reasonable procedures to avoid accusations of insubordination, you must also recognize that their guidance may not fully align with your best interests or legal rights.
Watch for Retaliation or Illegal Employer Conduct
It is unlawful for an employer to retaliate against you for requesting or taking FMLA leave. Retaliation can be obvious, such as a termination, but it is often subtle and designed to seem legitimate. Understanding the signs is key to protecting your employment rights.
What Counts as FMLA Retaliation
Retaliation occurs when an employer takes an “adverse employment action” against you because you exercised your FMLA rights. This can include:
- Termination or Demotion: Being fired shortly after requesting leave or returning from leave to a lower-ranking job.
- Pay Cuts or Reduced Hours: Having your salary or hourly wages reduced or being taken off the schedule.
- Unwarranted Disciplinary Action: Suddenly receiving negative performance reviews, write-ups for minor issues that were previously ignored, or being placed on a performance improvement plan immediately after you mentioned FMLA.
- Hostile Work Environment: Being subjected to harassment or ostracism by supervisors or coworkers for taking leave.
Signs of FMLA Interference
Interference is distinct from retaliation because it involves actions that discourage or prevent you from taking FMLA leave in the first place. Warning signs include:
- Deliberately delaying the approval process so you are forced to postpone necessary medical treatment.
- Conditioning your leave approval on you finding your own replacement or completing a major project before you go.
- Misleading you about your eligibility status or the amount of leave you have available.
- Counting FMLA-protected absences against you under a “no-fault” attendance policy.
Can You Be Fired If FMLA Is Denied?
This is a critical and often feared question. The answer depends on why the leave was denied. If your FMLA leave is lawfully denied because you are not eligible or failed to provide certification, you do not have FMLA job protection for that specific absence. However, if the denial was illegal, firing you for the absence constitutes wrongful termination. Crucially, employers cannot fire you simply for asking for FMLA leave. If you are terminated while waiting for approval or immediately after an unlawful denial, it is a strong indicator of retaliation.
Explore Legal Options If Your FMLA Rights Were Violated
If internal attempts to resolve the denial fail, you have powerful external avenues to pursue justice. Federal and state agencies are tasked with enforcing these laws, and a qualified Medical Leave lawyer Los Angeles can advocate on your behalf.
Filing a Complaint with the U.S. Department of Labor (DOL)
You have the right to file a formal complaint with the Wage and Hour Division (WHD) of the U.S. Department of Labor. The WHD is the federal agency responsible for investigating FMLA violations.
- The Process: An investigator may review your employer’s records, interview you and other witnesses, and determine if a violation occurred. If so, the DOL can oversee remedies like securing back pay or job reinstatement.
- Timelines and Limitations: This process can be slow. It’s also important to know there are strict statutes of limitations, generally two years from the date of the violation (or three years for willful violations) to file a lawsuit. Waiting too long for a DOL investigation to conclude can sometimes jeopardize your right to sue.
When to Contact a Family Medical Leave Act Attorney
Because federal investigations can be lengthy and may not result in full compensation for all your losses, consulting an employment lawyer is often the most effective step. An experienced attorney can assess the specific details of your case, determine if your employer’s stated reason for denial was a pretext for illegal discrimination, and advise you on the best course of action. They can negotiate directly with your employer or file a lawsuit to enforce your rights and recover damages. Finding a specialist through a local Bar Association’s Lawyer Referral Center can be a good starting point.
Why Employees in California Have Additional Protections
Employees in California often have more expansive rights than those in other states. The California Family Rights Act (CFRA) largely mirrors the FMLA but has crucial differences that provide greater protection. For instance, CFRA covers employers with as few as five employees and has a broader definition of “family member,” including grandparents, grandchildren, siblings, and domestic partners. Additionally, California’s pregnancy disability leave is separate from CFRA leave, meaning an employee may be eligible for several additional months of job-protected time off. An attorney specializing in California employment law can explain how these state and federal claims overlap and can file a complaint with the California Civil Rights Department.
Potential Remedies If You Win an FMLA Claim
If you successfully prove that your employer violated your FMLA rights through denial, interference, or retaliation, the law provides for specific remedies designed to make you financially and professionally whole.
What You May Recover
- Reinstatement: A court can order your employer to give you your job back.
- Back Pay: Compensation for all wages, salary, and employment benefits you lost because of the violation.
- Front Pay: If reinstatement isn’t a viable option (for example, if the work environment is too hostile), you may receive compensation for future lost wages.
- Liquidated Damages: Under the FMLA, you are often entitled to an additional amount equal to your lost wages and interest, effectively doubling your damages, unless the employer can prove they acted in good faith.
- Attorney’s Fees and Costs: The employer can be ordered to pay for your legal fees and court costs.
Lawsuits vs. Settlements
Many FMLA disputes are resolved before they ever reach a courtroom. Often, a strong demand letter from an employment lawyer that clearly outlines the evidence of FMLA interference or retaliation can prompt an employer to negotiate a settlement. A settlement allows you to recover compensation faster and avoid the stress and uncertainty of a trial. However, if the employer refuses to negotiate in good faith, filing a lawsuit may be the only way to enforce your rights.
Acting Early Preserves Your Rights
Time is not on your side in employment disputes. Evidence can be lost, emails may be deleted, key witnesses might leave the company, and memories can fade. Furthermore, strict statutes of limitations apply to both federal and state claims. Delaying action can weaken your case and may even prevent you from being able to recover damages at all.
Conclusion
A denial of your FMLA leave is not the final word. It is often the beginning of a process that requires persistence, thorough documentation, and a clear understanding of your rights. Remember that both federal law and, in many cases, state laws like California’s are designed to protect you during some of the most vulnerable times of your life, whether you are facing health challenges or caring for family.
If you believe your rights have been violated, do not wait to seek help. Gathering your documents and consulting with experienced Family Medical Leave Act Attorneys can help you navigate the appeals process and fight for the job security you are entitled to. For those in Southern California, speaking with a Medical Leave lawyer Los Angeles ensures you are leveraging the full weight of California’s specific employment protections.
Frequently Asked Questions
What should I do if my FMLA request is denied?
First, request the reason for the denial in writing from your Human Resources department. Next, carefully compare their reason against your eligibility status (12 months employed, 1,250 hours worked, and employer size). If the denial is based on your medical certification, use the 7-day period to have your doctor correct it. If the denial seems unlawful, gather all your documentation and consult an employment lawyer immediately.
How long does HR have to approve or deny FMLA leave?
Under federal law, your employer generally must notify you of your eligibility to take FMLA leave within five business days of your initial leave request. Once they have enough information to determine the leave is for an FMLA-qualifying reason, they must provide a rights and responsibilities notice and, later, a formal designation notice.
Can I be fired while waiting for FMLA approval?
No, you cannot be fired for requesting FMLA leave. Taking action against an employee for exercising their rights is considered illegal retaliation. However, if you are fired for a completely separate and legitimate reason (such as documented poor performance that began before your leave request), it may be legal. An employment lawyer can help determine if the firing was truly unrelated or if it was a pretext.
What if my FMLA leave was approved but later interrupted?
If your employer forces you to perform work while on leave, harasses you to return early, or otherwise interferes with your ability to take your approved leave, this is a violation of the Family and Medical Leave Act. You should document every instance of interruption and report it to HR. If the behavior continues, contact an attorney.
Does FMLA cover mental health conditions?
Yes. The FMLA covers any “serious health condition” that requires inpatient care or continuing treatment by a healthcare provider. This absolutely includes mental health conditions such as severe depression, anxiety disorders, and PTSD, provided they meet the law’s definition of incapacitation and ongoing medical treatment.
What damages can I recover in an FMLA lawsuit?
You can typically recover lost wages and benefits (back pay), interest on those amounts, and potentially liquidated damages, which can double the amount of back pay awarded. If you cannot be reinstated to your job, you may also recover front pay. Finally, a court can order the employer to pay your reasonable attorney’s fees and court costs.
Do I need a lawyer to file an FMLA complaint?
You do not strictly need a lawyer to file a complaint with the Department of Labor, but it is highly recommended, especially for filing a lawsuit or negotiating a significant settlement. Employment laws are complex, and employers will have their own legal counsel. An experienced employment lawyer levels the playing field and ensures your rights are fully protected.
