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What To Do If You Are Wrongfully Denied FMLA Leave In Michigan?

The Family and Medical Leave Act (FMLA) gives eligible employees in Michigan the right to take up to 12 weeks of unpaid, job-protected leave in a 12-month period. You can use FMLA leave for a serious health condition, to care for a family member with a serious health condition, for the birth or adoption of a child, or for certain military-related reasons. If you take FMLA leave, your employer must continue your health insurance under the same terms as if you were working.

To qualify for FMLA leave, you must work for a covered employer. Covered employers include private employers with at least 50 employees, public agencies, and public or private schools. You must also have worked for your employer for at least 12 months and have logged at least 1,250 hours of work in the past year. If your employer refuses to grant FMLA leave when you meet these requirements, you might have legal grounds to challenge the denial. A Michigan employment law attorney can help you assess the reasons for your employer’s denial and fight for your rights.

Common Reasons for FMLA Denials

Employers in Michigan sometimes deny FMLA leave requests, even when employees believe they qualify. Some denials result from misunderstandings, while others violate the law. If your employer refuses your request, ask your lawyer to review their reasoning and compare it to FMLA rules.

Below are common reasons employers deny FMLA leave and how each situation might apply to you:

  • You Do Not Meet the Eligibility Requirements: Your employer might deny your request if you have not worked for them for at least 12 months or have not logged 1,250 work hours in the past year. If you recently started your job or work only part-time, your hours might not meet FMLA standards. Before applying, check your work history to confirm your eligibility.
  • Your Employer Does Not Qualify Under FMLA: Not all employers must provide FMLA leave. If your employer has fewer than 50 employees within a 75-mile radius, they do not have to grant FMLA leave. Small businesses and certain contractors sometimes fall outside FMLA rules. If your employer denied your request for this reason, check whether they meet the legal requirements.
  • Your Condition Does Not Qualify as a Serious Health Condition: FMLA covers serious health conditions that require ongoing medical treatment or cause incapacity for more than three consecutive days. If your employer claims your condition does not meet this standard, check whether your medical provider’s documentation supports your case. Some employers misinterpret the law, so reviewing the denial carefully can help you decide what to do next.
  • Your Employer Claims Insufficient Documentation: Employers can require medical certification to approve FMLA leave. If your paperwork lacks details or your doctor did not complete it correctly, your employer might deny your request. In this situation, you can ask your doctor to provide more information or submit a corrected form before the relevant deadline.
  • Your Employer Believes Your Leave Request Is Unrelated to FMLA: Employers sometimes deny leave if they believe your reason does not qualify. For example, they might argue that your condition is minor or that you want leave for personal reasons unrelated to your health or family. If your employer disputes your reason, review FMLA guidelines with your attorney and check whether you have supporting evidence, such as medical records or doctor’s notes.
  • Your Employer Retaliates Against You for Requesting Leave: Some employers refuse FMLA leave to punish employees or discourage them from using their rights. Retaliation can include threats, demotions, or outright denial of a valid request. If you suspect your employer acted unfairly, document their actions and seek legal advice on how to proceed.

How a Lawyer Can Help with an FMLA Denial Case

If your employer denied your FMLA leave request, the first thing you should do is contact a knowledgeable employment law attorney. They can review your FMLA denial and determine if your employer violated the law. If your employer wrongly denied your request, your attorney can explain your rights and gather evidence to support your case. They can review your employment records, medical documentation, and any communication between you and your employer to identify legal violations.

If your employer refuses to reconsider, a lawyer can negotiate on your behalf. They can contact your employer, present legal arguments, and push for a fair resolution. If negotiations fail, a lawyer can help you file a complaint with the U.S. Department of Labor or take legal action in court.

A lawyer can also help if your employer retaliates against you for requesting FMLA leave. If you lost your job, were demoted to a lower position, or experienced harassment after applying for leave, a lawyer can help you demand fair compensation.

Contact a Michigan FMLA Attorney Now

If your employer wrongfully denied your FMLA leave, Just Right Law can review your case and help you understand your next steps. Call us today at (248) 519-2313 to get started with your free consultation.