What Steps Do Workers Need to Take When Denied Medical Leave (FMLA or CFRA)?

What Steps Do Workers Need to Take When Denied Medical Leave (FMLA or CFRA)?

The California Family Rights Act (CFRA) and federal corollary Family and Medical Leave Act (FMLA) are crucial laws that provides employees the right to take unpaid, job-protected leave for specified family and medical reasons. These laws serve as a lifeline for workers during challenging times, allowing them to care for their health or their loved ones without fear of losing their job. However, when a CFRA or FMLA leave request is denied, it can be overwhelming and frustrating, threatening both personal and professional stability. At the Law Office of Jeannette A. Vaccaro, we are dedicated to guiding employees through the complexities of leaves of absence disputes. We can address your medical leave denial and work toward a resolution.

Understanding Your Rights Under CFRA and FMLA

Before taking any action, it’s essential to understand your legal rights under the CFRA and FMLA. Both the CFRA and FMLA allow eligible employees of covered employers to take up to 12 weeks of unpaid leave for specific health or family-related reasons. The CFRA also offers additional protections to California employees, including the right to care for a registered domestic partner. If you believe that you qualify for FMLA or CFRA leave but have been denied, your employer may have violated these laws.

Reviewing the Reason for Denial

The next step is to carefully review the reasons provided by your employer for denying your leave request. Common grounds for denial include not meeting eligibility criteria, insufficient documentation or misunderstanding your request. By understanding the employer’s rationale, you can ascertain whether there is a basis to contest the denial.

Clarifying Your Request with Your Employer

If the denial stems from a misunderstanding or missing documentation, you may be able to resolve the issue by directly communicating with your employer. Confirm that all necessary documents, such as medical certifications or doctor’s notes, are submitted. Open dialogue can often clarify your eligibility and resolve disputes amicably. Keep a detailed record of all communications for future reference.

Recognizing Signs of Retaliation

Stay vigilant for signs of retaliation, such as changes in job responsibilities, demotions or unwarranted disciplinary actions following your leave request. Retaliation is illegal and can further complicate your situation. Recognizing these signs early can help you take protective measures, such as documenting incidents and seeking legal advice promptly.

Filing a Complaint with the Help of an Attorney

If your employer refuses to grant your leave or retaliates against you, it’s time to seek legal assistance. Filing a complaint can be a complex process that requires thorough documentation and an understanding of legal procedures. An experienced attorney, like ours at the Law Office of Jeannette A. Vaccaro, can help you file a complaint with the Equal Employment Opportunity Commission for FMLA violations or the California Department of Fair Employment and Housing for CFRA issues. Legal professionals can provide valuable guidance and representation to help protect your rights.

Consult With an Attorney

A leave denial can be daunting, but understanding your rights and the steps to take can empower you to act confidently. Whether you’re dealing with denial, misunderstandings, or retaliation, seeking legal advice is critical in safeguarding your rights. At the Law Office of Jeannette A. Vaccaro, we are experienced in employment law and are committed to advocating for employee rights. If you find yourself facing a denied of a CFRA or FMLA leave request, contact us for professional guidance and support. Let us help you navigate this challenging process and work towards a fair resolution.