Best Steps To Take If Your FMLA Leave Is Denied or Interrupted

What to do after FMLA leave denial? 

Well, getting an FMLA leave denial can hit you right in the gut. This is especially true if you are already dealing with something heavy, your own health, a sick parent, a partner who needs care, or a brand new baby at home! 

Job stress is the last thing that anyone needs in moments like these. However, it keeps piling up! 

Sadly, this isn’t rare. It happens more often than it should. Sometimes it’s paperwork gone wrong. Sometimes it’s confusion about the law. And yes, sometimes it’s an employer flat-out ignoring employee rights.

The Family and Medical Leave Act (FMLA) exists for situations exactly like this. If your leave request was denied, cut short, or you’re being nudged to come back before you’re ready, there’s a real chance the law is on your side. 

This guide walks through what to do after FMLA leave denial, what you’re protected by, what might’ve gone wrong, and what to do next, without sugarcoating it.

Understand Your Rights Under The Family And Medical Leave Act (FMLA)

Before you push back on a denial, you need to know what the law actually gives you. Not what HR “thinks” it gives you! Not what a manager casually mentions in a hallway conversation. The real thing. 

FMLA is one of those laws that sounds simple on paper but gets muddy fast in practice. Still, it’s there to help workers juggle real life, health issues, family emergencies, all of it—without risking their jobs. Knowing where you stand is step one.

What The Family And Medical Leave Act Protects

The FMLA gives eligible employees a few core protections. These aren’t optional or flexible; they’re built into the law.

If you qualify and your employer is covered, these rights apply whether your workplace likes it or not.

12 Weeks of Unpaid Leave: So, what to do after FMLA leave denial? You can take up to 12 workweeks of unpaid leave in a 12-month period for approved reasons. 

It’s unpaid, yes, but you can usually use accrued sick time or vacation alongside it if you want (or if your employer requires it).

Job Protection: This one matters a lot. When you return, your employer must put you back in your old job or one that’s genuinely equivalent. Same pay, benefits and responsibilities. Not a demotion disguised with a friendly smile.

Continuation of Health Benefits: Your group health insurance has to stay in place while you’re on leave, under the same terms as if you were still working. You’ll still pay your share, but coverage shouldn’t disappear.

Eligibility Requirements Employers Often Misapply

A huge number of denials come down to eligibility mistakes. And yes, even big companies get this wrong, especially now that nearly half of large employers outsource FMLA administration. Outsourcing saves them time, but errors sneak in.

To qualify, you generally need:

12 Months of Employment: These months don’t have to be back-to-back. Gaps can count.

1,250 Hours Worked: That’s in the 12 months before your leave starts. Overtime counts. Remote work counts. These hours are often miscalculated.

Company Size and Location: Private employers need 50 employees within 75 miles. Public agencies and schools are covered no matter what.

If eligibility is cited as the reason for denial, double-check everything yourself. Don’t assume they ran the numbers correctly.

Common Situations Where FMLA Is Wrongfully Denied

Even when eligibility isn’t the issue, employers sometimes get qualifying reasons wrong.

Serious Health Condition: This includes inpatient care or ongoing treatment. There are mental health conditions, such as severe anxiety, depression, and PTSD, that absolutely count when they meet the criteria.

There are some chronic issues, like migraines or Crohn’s disease, that can also qualify, especially for intermittent leave. 

Family care: You can take leave to care for a spouse, parent, or child. This includes adult children who cannot take care of themselves, even though some employers pretend otherwise. 

Military Family Leave: These cases are complex, which is exactly why they’re mishandled so often. Qualifying exigencies and military caregiver leave (up to 26 weeks) are real protections, not suggestions.

Review The Reason Your Fmla Leave Was Denied Or Interrupted

If someone tells you “no” verbally, don’t stop there. A casual denial isn’t enough. You need the official reason on paper.

Request A Written Explanation Immediately

If your employer hasn’t given you a written explanation, ask for it. Email works fine. This matters for two reasons:

1. It locks them into a specific explanation.
2. It creates evidence, just in case things escalate later.

Vague answers are often a warning sign.

Lawful Vs. Unlawful Denial Reasons

Not every denial breaks the law. Some are fixable. Others not so much.

Potentially Lawful Reasons	Potentially Unlawful Reasons
• Incomplete medical certification • Missing eligibility requirements • Not giving enough notice for foreseeable leave	• Being discouraged from taking leave • Ignored or “lost” paperwork, you can prove was submitted • Being punished for taking FMLA in the past

Denials were involved in about one-third of all recent FMLA violations, which says a lot.

How Interrupted Leave Can Signal Interference

Sometimes leave is “approved,” but then slowly chipped away at. Calls during recovery. Emails asking for “just one quick thing.” Pressure to come back early.

That’s interference. And it’s illegal. FMLA leave means leave. Not remote work in disguise.

Take Immediate Steps To Protect Yourself After An FMLA Denial

Once something feels off, act quickly. Waiting can weaken your position more than you think.

Thoroughly Document Everything

Paper trails win cases. Period.

• Save every email, text, form, and letter
• Write down dates, names, and conversations
• Send recap emails after meetings (“Just confirming what we discussed…”)
• Note witnesses if anyone overheard inappropriate comments

It may feel excessive. However, it isn’t.

Correct Or Supplement Medical Certification

If your certification is called “insufficient,” the law gives you a chance to fix it. Employers must tell you what’s missing and give you at least seven days.

Call your provider. Explain exactly what’s needed. Make sure the medical necessity, timing, and frequency are clear.

Follow Employer Policies But Don’t Rely On Them Alone

Use internal appeal processes if they exist. It shows good faith. But remember, HR works for the company. Not you. Be polite, cooperative, and cautious.

Watch For Retaliation Or Illegal Employer Conduct

Retaliation isn’t always obvious. Sometimes it’s subtle. That’s intentional.

What Counts As FMLA Retaliation

• Termination or demotion
• Pay cuts or reduced hours
• Sudden disciplinary actions
• Hostile behavior after taking leave

If the timing feels suspicious, trust that instinct.

Signs Of FMLA Interference

• Delayed approvals
• Conditions placed on your leave
• Misinformation about eligibility
• Attendance points for protected absences

None of this is okay.

Can You Be Fired If Fmla Is Denied?

If the denial was lawful, job protection may not apply. But if the denial itself was illegal, firing you over it is wrongful termination.

And no—asking for FMLA alone is never a valid reason to fire someone.

Explore Legal Options If Your FMLA Rights Were Violated

When internal fixes fail, outside help matters. So, what to do after FMLA leave denial? Well, these are the legal options like Medical Leave lawyer Los Angeles you can explore if your FMLA rights were violated. 

Filing A Complaint With The U.S. Department Of Labor (Dol)

You can file with the Wage and Hour Division. They investigate, review records, and may secure remedies.

But it takes time. And statutes of limitation still apply, usually two years, three for willful violations.

When To Contact A Family Medical Leave Act Attorney

An experienced Medical Leave lawyer in Los Angeles can spot issues others miss. They can negotiate, file claims, and push for full compensation, not just partial fixes. Local bar associations are a solid place to start.

Why Employees In California Have Additional Protections

California workers often have broader rights under CFRA. Smaller employers are covered. More family members qualify. Pregnancy disability leave is separate.

State and federal laws overlap, and that overlap can work in your favor if you know how to use it.

Potential Remedies If You Win An FMLA Claim

What to do after FMLA leave denial? Well, winning isn’t just about being “right.” It’s about being made whole.

What You May Recover

– Reinstatement

– Back pay

– Front pay

– Liquidated damages (often doubling compensation)

– Attorney’s fees and court costs

Lawsuits Vs. Settlements

Many cases settle early, especially when the evidence is strong. A demand letter alone can shift the conversation. Still, if an employer refuses to budge, the court may be the only option.

Acting Early Preserves Your Rights

Time works against you. Documents disappear. Witnesses move on. Deadlines pass quietly. Waiting too long can cost you everything.

Conclusion

An FMLA denial isn’t the end. It’s often the beginning of a longer process—one that rewards persistence, documentation, and knowledge. These laws exist to protect you when life gets hard. If something feels wrong, it probably is.

Gather your records. Ask questions. Talk to experienced Family Medical Leave Act Attorneys. And if you’re in Southern California, a Medical Leave lawyer Los Angeles can help you use California’s added protections to the fullest.

Frequently Asked Questions (FAQs):