If you need to take personal time off work, you may be able to take it under the Family and Medical Leave Act. The legislation enables qualifying employees to take 12 weeks off in each year if they are sick or need to care for a family member. Leave under FMLA is also commonly taken in pregnancy and childbirth. However, if you are denied FMLA, you have several options.
Eligibility
Inquire from your employer why your request for FMLA was denied. Seek specifics so that you can understand whether the denial is legal. It could be that you have not served with the company long enough; you must have been employed there for at least 12 months, completing at least 1,250 work hours in that time. You also may be denied if the reason for your leave does not qualify under the act, or if there are problems with your doctor's note. Ask the human resources department to explain the situation to you.
Appeal
If you believe you have been wrongly denied FMLA leave, you can follow an appeal procedure. Consult your employee handbook or other company regulations to find out your firm's paperwork requirements and time limits. You may also take a complaint to the U.S. Department of Labor's Wage and Hour Division through your local office. It is also possible to bring a lawsuit to enforce FMLA leave if you believe you have a case. You may want to retain an attorney who is experienced in labor issues to ensure you pursue all avenues open to you.
Alternatives
Ask if your employer would be prepared to grant a discretionary leave of absence for your situation, even if it does not qualify for FMLA leave. Most good employers will look sympathetically upon a genuine reason for taking time off, especially if you are an employee in good standing. Many larger firms or organizations may have a separate disability leave policy or something similar which provides allowances for situations not covered by FMLA.
Protections
If you do take a discretionary leave, be aware that you do not have the same protections you would have had under an FMLA leave. If you are taking FMLA leave you have the right to return to the same or an equivalent job, and you have the right to retain your health benefits. Your employer is not bound by law to maintain these rights during other types of leave.
