Can You Be Fired If Your FMLA Is Denied?

The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with job-protected leave for specific family or medical reasons. It ensures that employees can take time off work to care for their own serious health condition, a family member’s health condition, or for the birth or adoption of a child without fear of losing their job. However, what happens if your FMLA request is denied? Can you be fired?


To be eligible for FMLA protections, employees must meet certain criteria. They must work for a covered employer, which includes private employers with 50 or more employees and public agencies. Additionally, employees must have worked for the employer for at least 12 months, have worked at least 1,250 hours during the 12-month period before taking leave, and be employed at a location where the employer has at least 50 employees within a 75-mile radius.


Your employer cannot retaliate against you for exercising your rights under the FMLA. That means whether you make an FMLA request or appeal their FMLA denial to the DOL or in a private lawsuit, they cannot take adverse employment action against you.


If your FMLA request is denied, it is crucial to consult with an employment attorney who can evaluate your specific situation and advise you on the best course of action. They can help determine whether your denial was lawful or if any violations have occurred. They can also guide you through the process of filing a complaint or pursuing legal action, if necessary.


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