Family & Medical Leave Act (FMLA)

If your request for a leave is denied, there are three steps to take. If that doesn't work, you can contact the U.S. Department of Labor (or your state agency if your right stems from a state law) to help you enforce your rights.

STEPS TO TAKE IF YOU ARE DENIED FMLA LEAVE

If your employer refuses your request for FMLA leave, consider taking the following steps:

Step 1. Make sure you fulfilled all your obligations under the law.

• Did you give written notice, within the appropriate time period in a clear manner, specifically noting it is a request for FMLA Leave?
• Did you provide a medical Certification in a timely manner? Did the certification contain all the required information?

Step 2. Check to be sure that your employer understands the law.

A tactful way to question this would be to include an FMLA brochure or fact sheet with your request. You can obtain these documents from the Department of Labor website atwww.dol.gov  or from a Department of Labor office which can be located at http://www.dol.gov/whd/

Step 3. Write an inquiry asking why you do not meet the requirements for eligibility for an FMLA leave and ask for a written response.

If your employer continues to deny your request for leave, or grantsyour request but doesn't keep a job open for you or maintain your benefits, you have the right to enforce the law by filing a complaint and/or a lawsuit. See below

HOW DO I ENFORCE MY RIGHTS UNDER THE FMLA OR SIMILAR STATE LAW?

To File A Complaint Under The FMLA

• Generally complaints involving the FMLA can be resolved by a phone call from the Department of Labor to your employer. If this is not the case, the department may sue your employer on your behalf.
• To file a complaint, contact your regional office of the Department of Labor's Wage and Hour Division. You can file a complaint by phone, through the mail, or in person.
• To find the appropriate office, see the state map at: www.dol.gov/whd/

To File A Complaint Under Your State Law Similar To The FMLA: Contact your state Department of Labor. To find the correct office, check your local Yellow Pages or go to www.dol.gov  and click on "(Name of your state) State Gateway."

NOTE: If you want help with filing a complaint:

• You have the right to hire an independent attorney and file suit yourself if a complaint cannot be resolved by the Department of Labor (or your state Department of Labor if your rights stem from a state law.) To learn how to find low cost or free attorneys, click here.
• You may also wish to contact a local disease specific non-profit organization for your condition. They often have experts familiar with issues such as the FMLA who may be willing to intervene on your behalf or provide you with referrals.

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