Under the Family and Medical Leave Act, eligible employees can take unpaid, job-protected leave for specified family and medical reasons. While this provision offers protection to workers, some may encounter obstacles when they try to exercise these rights. Particularly, you might find yourself wondering if your Colorado employer has unjustly denied your FMLA claim.
The FMLA is a federal law that applies in every state. However, not all employers comply with these rules, leading to potential conflicts.
Determining your FMLA eligibility
Before considering if your employer unjustly rejected your FMLA claim, you need to understand your eligibility. To qualify for FMLA leave, you must have worked for your employer for at least 12 months and clocked a minimum of 1,250 hours over the past 12 months. Furthermore, the company you work for must employ 50 or more employees within 75 miles.
Recognizing valid reasons for FMLA leave
The FMLA stipulates specific situations under which you can take leave. These include the birth and care of a newborn child, the placement of a child for adoption or foster care, to care for an immediate family member with a serious health condition or taking medical leave when you are unable to work because of a serious health condition.
Establishing your employer’s noncompliance
If you meet the eligibility criteria and your need for leave falls within the FMLA provisions, and your employer still denied your claim, then it is possible they have acted unlawfully. The FMLA obligates employers to give eligible employees leave when they request it for a valid reason.
The course of action
If you believe that your Colorado employer has unlawfully denied your FMLA claim, consider taking action. Start by discussing the issue with your human resources department or supervisor. It could be a misunderstanding or lack of information that led to the denial.
If discussing the issue does not resolve the situation, you can contact the Wage and Hour Division of the United States Department of Labor. This federal agency enforces the FMLA and can help to rectify any violation.
Understanding your rights under the FMLA is important. If you believe that your employer has unjustly rejected your FMLA claim, remember that you have avenues available to rectify the situation.
