Denial of FMLA

Were You Denied FMLA?

Talk to a Los Angeles employment attorney!

The Family and Medical Leave Act (FMLA) is a law under the Wage and Hour Division of the U.S. Department of Labor that provides up to 12 weeks (or 26 weeks in some circumstances) of leave per year for certain qualifying employees. The time off is unpaid, but protected which means that an FMLA protected employee cannot lose their job for taking time off for a legitimate medical and/or family reason. If your employer is not complying with the FMLA to provide you with protected leave under this act, then you may have a claim and a Los Angeles employment lawyer at Martinian & Associates INC. could help.

Who is eligible under the FMLA?

According to this act, employees who qualify meet all four of the following criteria:

  1. Their employer is considered "covered" under the FMLA.
  2. The employee has worked at least 1,250 hours within a 12-month period just prior to the start date of covered leave.
  3. The employee works at an office where there are at least 50 employees or at an office where there are at least 50 employees at other company offices within 75 miles.
  4. The employee must have worked for the employer for at least one year (12 months). Those 12 months do not have to be consecutive.

Even if an employee qualifies for coverage under the FMLA, they may not have a condition that qualifies them for family or medical leave. The FMLA lists various qualifying conditions in order to get up to 12 work weeks of protected leave from work, including:

  • Birth of a son or daughter and "bonding time" with the newborn
  • If an employee chooses to adopt or foster a child/children
  • When an immediate family member is sick or injured with a serious condition
  • When the employee is sick or injured with a serious condition
  • Active-duty related leave
  • Up to 26 work weeks of unpaid, protected leave for immediate families of service members who have been injured or become seriously ill.

Is my health condition serious enough to qualify?

An employer may choose to deny an employee's request for FMLA leave, even if that employee's condition or the condition of their loved one qualifies as "serious." What does the FMLA consider a "serious condition"? In most cases, employers are required to provide protected, unpaid leave to employees who are (or have family members who are) sick enough to have to stay at least one night in a hospital or related healthcare facility, are completely incapacitating, or pregnancy. There are often grey areas when it comes to defining what medical conditions are "serious enough," so please do not hesitate to speak directly with a Los Angeles employment law attorney from our firm about your condition.

Discussing Your FMLA Case with Martinian & Associates INC.

If you qualify for unpaid, protected leave under the FMLA but your employer is not giving it to you, you may have an employment claim. The Los Angeles employment law attorneys at Martinian & Associates INC. can evaluate your case and provide you with information on the best legal recourse. We always treat each client with the upmost compassion and respect, advocating for their employment rights. To learn more or to receive a free case evaluation, call our firm today!

If you would like to learn more about the FMLA, we have provided some resources for you below:

FMLA FAQ
FMLA Employee Guide
Break Time for Nursing Mothers
FMLA Overview

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