There are many reasons why you may need to take an extended leave of absence from work. In the past, your employer could decide whether or not to hold a job for you while you took a leave. Now, the U.S. federal Family Leave and Medical Act (FMLA) entitles certain employees to such a leave of absence. If your employer denies your leave despite FMLA regulations, you do have recourse.
FMLA Rules
The U.S. Federal Family Medical Leave Act (FMLA) allows an eligible employee to take up to 26 weeks of unpaid leave from his job under certain circumstances. If you are eligible for FMLA, your employer is required to hold an equivalent position for you, but not necessarily the exact position you previously held.
Eligibility
If your employer denies your request for FMLA leave, check to make sure you qualify for it. In order to qualify for FMLA leave, you must have been at your job for at least 12 months and worked at least 1,250 hours in that time. Also, your employer must have at least 50 employees within a 75 mile radius of the workplace, or the employer is not required to grant FMLA leave. Qualifying reasons for FMLA leave of absence for up to 12 weeks are: if you have a serious illness and cannot work; if your parent, spouse, or child has a serious illness that requires you to provide care; when you become a parent via the birth or adoption of a child; and when you must take time off due to certain hardships created by a family member's service in the National Guard or Reserves. You may take up to 26 weeks of unpaid leave to care for a sick or injured returning member of the military to whom you are the next of kin. You must give 30 days notice prior to the leave whenever possible, even if you are not sure of the exact dates you will need to take FMLA leave. If it is not possible to give 30 days notice, such as for a sudden illness, notice must be given to your employer as soon as possible. This generally means the day of a qualifying event or the next day. Appeal any denial of your FMLA request with your employer's Human Resources department, pointing out the qualifications that you meet.
How Leave May Be Taken
If you have paid vacation or personal time available through your employer, your employer is allowed to require that you take it while on FMLA leave. If your employer does not require you to take it, you may still choose to do so. Even if you take paid leave while on FMLA, the total time of FMLA leave you are allowed will not be extended. You may take FMLA leave all at once, or you may split the time up in certain cases, such as for periodic treatment of an ongoing medical condition. FMLA leave taken during pregnancy will count towards the 12 weeks that are allowed after the child is born.
If Leave is Still Denied
If you meet all the requirements to qualify for FMLA leave but your employer denies your request for leave or does not hold a position for you, contact the Wage and Hour Division of the U.S. Department of Labor at 1-866-487-9243 to report an FMLA violation. You may also be entitled to file a civil suit against your employer for the violation.
