FMLA Denied? What to Do Next

Introduction

Getting an FMLA denial can be devastating—especially when you're already dealing with a health crisis. But a denial isn't always the end. Here's what to do.

Common Reasons for Denial

### Eligibility Issues - Haven't worked 12 months - Haven't worked 1,250 hours - Employer has fewer than 50 employees - Worksite doesn't meet the 75-mile rule

### Certification Problems - Incomplete certification form - Condition doesn't meet "serious health condition" definition - Missed the 15-day deadline to return certification

### Procedural Issues - Failed to provide adequate notice - Didn't follow employer's call-in procedures - Requested leave for a non-covered reason

Step 1: Understand the Reason

Your employer must provide a written denial with a specific reason. If you didn't get one, request it in writing.

Ask: - Which requirement did I fail to meet? - What documentation would change this decision?

Step 2: Challenge Eligibility Determinations

If denied for hours or tenure: - Request your actual hours worked from HR - Count all hours, including overtime - Remember: 1,250 hours = about 24 hours/week

Step 3: Fix Certification Issues

If the certification was incomplete: - Your employer should give you 7 days to cure deficiencies - Contact your healthcare provider immediately - Ask specifically what information is missing

Step 4: Request Reconsideration

Write a formal letter to HR: 1. Reference the specific denial reason 2. Provide any additional documentation 3. Cite relevant FMLA regulations 4. Request a written response

Step 5: File a Complaint

If internal appeals fail:

**Department of Labor, Wage and Hour Division** - Free to file - No attorney required - 2-year statute of limitations (3 years for willful violations) - They will investigate

Step 6: Consult an Attorney

Consider legal counsel if: - You believe the denial is retaliatory - Your employer refuses to reconsider with proper documentation - You've been terminated for requesting FMLA

Many employment attorneys offer free consultations and work on contingency.

Protecting Yourself During the Process

Document everything in writing
Keep copies of all medical certifications
Don't resign or sign any agreements without legal review
Continue to follow proper call-in procedures

Conclusion

A denial is not necessarily final. Understand the reason, gather documentation, and escalate if necessary. FMLA is a legal protection—and wrongful denials have consequences for employers.

*LEGAL DISCLAIMER: The information provided on this website is for general informational purposes only and is not intended to be legal advice. Nothing on this site should be taken as legal advice for any individual case or situation. Consult with a qualified employment attorney for guidance specific to your circumstances.*