What Can I Do When My Employer Won't Let Me Take Off Under FMLA?
Jan. 12, 2022
At some point in time, you will need to take time off work. A family member may need your assistance, or you may have to be hospitalized. In this case, FMLA can ensure you don't go in the red, and you have a job to return to. Your employer cannot force you to work during your leaves or retaliate against you when you send in a request for the leaves.
When Employers Violate FMLA Rights
If your employer refuses to accept your FMLA leave request, and there is nothing wrong with your application, they are in the wrong. In this case, you can and should file a complaint with the US Department of Labor, or sue them with help from Schaumburg employee rights lawyers.
The Family and Medical Leave Act (FMLA) is a federal law that protects employees like you who need to take some days off for medical or personal reasons. If you are eligible for them, your employer cannot take that right away from you legally. However, they have the right to refuse if you do not qualify for it. You are only entitled to the leave if:
You have worked for the employer for at least 12 months or at least 1,250 hours before requesting leaves.
Your employer is covered, i.e., he has over 50 employees, all of who work within a 75-mile radius.
What You Can Do If Your FMLA Leaves Are Denied
The first thing you should do if your FMLA leaves are denied is to figure out why. Request an inquiry into the matter. Keep in mind that you have to fulfill the factors mentioned above before your request is considered. Get in touch with Human Resources and ask them to send you a record of your work hours.
If they prove you have worked over 12 months and completed over 1,250 hours of work and the company has more than 50 employees, you file another request. If that is rejected as well, you have two choices. You can complain to the US Department of Labor, or hire a Schaumburg employee rights lawyer to sue your employer.
Before hiring an attorney, make sure that you have checked all of the requirements mentioned above and your medical/personal issue falls in the FMLA category. They will work with you to get you the leave if you are eligible for it. If your employer knows you are hiring a lawyer, they may try to renegotiate.
Contact the Law Office of Michael Smith for A FREE Consultation
As an employee, you should be able to go to work without sweating bullets. If your employer is harassing you or refusing to accept your leave request even though you are eligible, you should sue. Don’t delay. Get in touch with Schaumburg employee rights lawyers at the Law Office of Michael Smith for a free consultation today. We have represented employees who were wrongfully terminated and harassed by their employers, and are known for our successful track record. Rest assured, we will fight for your rights aggressively.