What Can I Do If My FMLA Request is Denied?
Ohio employment law provides numerous protections and benefits for workers in the state. For example, it protects you from discrimination, provides safe work environments, and ensures you receive adequate wages. Unfortunately, many employers still violate these rules, subjecting you to unnecessary hardships. When that happens, it’s a good idea to contact an Ohio employment lawyer.
For example, your boss may deny your FMLA leave without reasonable justification. FMLA, a federal legislation, is an acronym for the Family and Medical Leave Act. It allows qualified workers to take unpaid leaves for up to 12 weeks for medical and family reasons. In some cases, FMLA may allow you to take a leave for up to 26 weeks.
While an FMLA leave denial can make you upset, confused, and hopeless, you shouldn’t let it break your spirit. Rather, there are steps you can take to solve this problem, and we’ve written this article to let you in on them.
Am I Qualified for FMLA Leave Under Ohio Employment Law?
Ohio employers with 50 or more employees within 75 miles of an employee’s work location must follow the FMLA.
As an employee, you are eligible to take FMLA leave when:
- You’ve been under your boss’s employment for a minimum of 12 months
- Your work hours amount to a minimum of 1,250 hours in the previous year
Some reasons to apply for FMLA leave include to:
- Spend time with a newborn baby under age 1
- Bond with a newly adopted child
- Recover from a severe and debilitating health challenge
- Attend to urgent demands arising from a family member (spouse, child, or parent) who is on “covered active duty” in the military
- Provide care for seriously injured service members in your family
What Should I Do After an FMLA Request Denial?
There are many ways your boss can violate your FMLA rights. First, they may outrightly deny your request for flimsy reasons. Secondly, some employers may try to play smart by assigning official tasks to you even after approving your FMLA leave.
They may even try to retaliate against you for requesting leave. Fortunately, the federal and Ohio employment law gives you some protection in these situations. The following are your options after your employer denies your FMLA leave for no justifiable reason:
File an Administrative Complaint With the United States Department of Labor
The United States Department of Labor (DOL) is responsible for administering the country’s labor laws — including FMLA. So, it’s only natural to notify the agency if your boss tries to infringe on your employment rights. You can visit any local DOL office near you to submit your complaints, or notify them either in writing or via a phone call.
The DOL will typically conduct an investigation on your case after receiving your official complaint. Their investigation will aim to reveal whether your employer denied your FMLA leave illegally or not.
If your boss didn’t infringe on your rights, they’d send you an explanation. However, if they find that your employer is in the wrong, they’ll try to settle the issue. This can be a time-consuming process, but the guidance of an Ohio employment lawyer can help expedite the process.
Consult With an Ohio Employment Attorney
An Ohio employment attorney is the best ally in your FMLA case, and can help you file an FMLA lawsuit and get the compensation you deserve. An FMLA case isn’t merely about a denied leave — it’s also about the emotional stress you’re incurring (especially if your boss is retaliating against you).
Some employers take these cases a little too personally and decide to retaliate against you in many ways. For example: your boss can fire or demote you. They may also make sure that you receive less pay by reducing your work hours.
Fighting your company alone can be extremely difficult. With an experienced employment lawyer, however, your chances of success increase. Your attorney will leverage their legal knowledge and experience to fight for your rights, in addition to providing you the emotional support you need during this challenging time.
How To Prove Your FMLA Case
An Ohio employment lawyer will help prove your FMLA case by providing evidence to show that:
- You’re entitled to FMLA leave and requested for it
- Your boss denied your leave for unreasonable or malicious reasons
- In a retaliation case, your employer took hostile action against you for choosing to exercise your FMLA rights
To make sure that your case progresses smoothly, document any and all happenings from when you submitted your request. Make copies of your written requests anddenials, and follow your attorney’s advice to the letter.
Will I Recover Damages After a Lawsuit for a Denied FMLA Leave in Ohio?
Yes. You can recover these types of compensation after a successful FMLA case:
Liquidated Damages
Liquidated damages refer to compensation for losses that are challenging to calculate. This type of settlement also serves as a motivating factor for your boss to behave appropriately next time.
Front Pay
Front pay damages compensate you for the future salary and other financial benefits you’ll lose due to your employer’s retaliation. You will receive this compensation when it’s no longer possible to get your job back.
Back Pay
Back pay damages refer to the amount of money you’ve lost due to an FMLA violation.
Reinstatement
The judge can order the employer to reverse your termination and place you in your rightful position at work.
Speak With an Ohio Employment Lawyer From Hux Law Firm
Denials can be frustrating, especially when a rejected FMLA leave request feels like a personal attack. You deserve to spend time with your new child or be there for your family members in their trying times. At Hux Law Firm, we understand the hurt you’re experiencing. Fortunately, we know precisely how to make it go away.
With us, you can relax knowing that your case is in the best hands. Give us a call today to schedule a free consultation and learn more about how we can help.
