Can You Be Fired if FMLA Is Denied? Know Your Rights

If your employer denies your FMLA request, you might wonder if you can be fired for it. The good news is that you have rights, and we'll explore them below.

You can't be fired for requesting FMLA leave, but your employer can deny your request for various reasons. These reasons may include lack of certification from your doctor, insufficient leave time, or failure to meet eligibility requirements.

However, if your employer denies your FMLA request and then fires you, it could be considered retaliation. This is a serious issue, and you may be able to take action against your employer.

If your employer fires you after denying your FMLA request, you should review your employee handbook and company policies to see if they align with FMLA regulations.

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If your employer denies your FMLA request, it's essential to understand the reasons behind it. There are several reasons why your employer might deny a request for FMLA, but it's crucial to know your rights.

A denial without explanation or a suggestion that you're not "really" sick enough can be a sign of illegal retaliation. If your employer denies your request without a valid reason, you may want to request a written explanation.

Your employer might deny your FMLA request due to various reasons, but it's not the end of the road. If you believe your employer is denying your request unfairly, you may want to seek guidance from a professional.

Denying a legally protected leave request or retaliating after one is made can take various forms. Here are some common signs of illegal retaliation or denial:

If you're experiencing any of these signs, it's crucial to document everything and seek help from a professional.

You can't be terminated just because your FMLA request is denied, but it's not a free pass either. If your employer has a legitimate reason to terminate you, such as downsizing or violating company policies, they can do so even if your FMLA request was denied.

However, if termination comes shortly after your FMLA request is denied, it may be considered retaliation, which is prohibited under the FMLA. To determine if your termination is retaliatory, you need to ensure you meet the FMLA's eligibility requirements, which include working for an FMLA-covered employer, having worked at least 12 months for the employer, and having worked at least 1,250 hours during that time.

Your employer might retaliate against you in various ways, including termination, demotion, or reducing your hours or pay. But, if your position would have been eliminated due to downsizing, your employer's actions are lawful and not retaliatory.

If you suspect retaliation or wrongful denial of leave, you can file a complaint with the U.S. Department of Labor (DOL) or the California Civil Rights Department (CRD) for CFRA violations.

Here are some signs of illegal retaliation or denial:

Request a Written Explanation from your employer to understand the reason for the denial or termination. This will help you determine if your employer's actions are lawful or retaliatory.

If your FMLA request is denied, it's essential to understand your rights and take the necessary steps to protect your employment status and ensure that your employer is complying with the law.

You can take steps to make it less likely you will face wrongful termination by familiarizing yourself with the FMLA and its protections, and your company's specific FMLA and leave policies.

Review what actions your employer can take against you while on FMLA leave and which actions could be illegal, so you can determine whether your employer is subject to the FMLA's provisions.

Documentation is key in any employment case, so ensure that you document as much as possible regarding the request process and other details, and save any correspondence that approves your request.

Some employers will claim you never requested FMLA if there is no paper trail proving you did so, so it's crucial to maintain good documentation throughout the process.

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Here are some essential steps to take:

California law generally favors employees and provides additional layers of protection not available under federal law, including broader protection under CFRA and requirements for reasonable accommodations under FEHA.

Having clear and transparent workplace policies is crucial when it comes to handling FMLA requests. Employers are responsible for providing employees with information about their FMLA rights and the application process.

Employers should establish a consistent process for reviewing and responding to FMLA requests. This ensures that all employees are treated fairly and consistently.

Employers must also ensure that FMLA decisions are made without discrimination or retaliation. This means that employees should not be penalized or treated unfairly if their FMLA request is denied.

Employees have the right to written explanations for any FMLA denials. This is an important part of the FMLA process and helps employees understand the reason for the denial.

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Here are the key components of a good workplace policy for handling FMLA requests:

California offers broader protection than federal law, making it a more employee-friendly state. Employers with as few as 5 employees must comply with California's Family Rights Act (CFRA), which provides more family relationships qualify for leave compared to the FMLA. CFRA also requires reasonable accommodations even beyond CFRA/FMLA leave.

Under CFRA, more family relationships qualify for leave, such as grandparents and siblings, not just immediate family members. This means that if you need to care for a family member, you may be eligible for leave under CFRA, even if you wouldn't be eligible under the FMLA.

California law also provides additional layers of protection not available under federal law. For example, the Fair Employment and Housing Act (FEHA) requires reasonable accommodations even beyond CFRA/FMLA leave. This means that if you have a disability, your employer may be required to provide accommodations to help you perform your job.

Here are some key differences between federal and California law:

If your FMLA leave was denied or you were fired, take immediate action. Document everything related to your leave request, including emails, notes from supervisors, medical certifications, and written responses to your request.

Save all conversations, whether in person, by phone, or in writing, and write down what was said and when. This will help you keep a clear record of events.

Ask your HR department or supervisor to provide a written reason for the denial or termination. Employers may reveal unlawful motivations when pressed for details.

You may be eligible for your company's internal medical leave benefits, even if you don't qualify under FMLA or CFRA. Failing to honor its internal policy could still expose the employer to legal claims.

If you suspect retaliation or wrongful denial of leave, consider filing a complaint with either the California Civil Rights Department (CRD) or the U.S. Department of Labor (DOL). Both agencies will investigate the complaint and may attempt to resolve the issue through mediation or legal action.

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Here are the agencies you can file a complaint with:

Given the complexity of these laws, consulting with a California employment attorney is strongly recommended. Many offer free consultations and work on contingency, meaning they only get paid if you win.