What rights do employees have if their FMLA leave is denied?

Employees in California who are entitled to take Family and Medical Leave Act (FMLA) leave may be denied this leave if certain conditions are not met. If an employee’s FMLA leave is denied, the employee has certain rights and protections under the U.S. Department of Labor (DOL). Firstly, employees have the right to file a complaint with the DOL if their employer denied their requested FMLA leave. Additionally, the DOL will investigate any complaints about violations of the FMLA and may require the employer to provide reinstatement or back pay to the employee. The DOL may also require the employer to pay a penalty if they are found to have violated the FMLA. Furthermore, if an employer has denied an employee’s FMLA leave, the employee may also be protected from discrimination or retribution from their employer. The employee may be able to bring a claim against the employer if they believe they were retaliated against for taking FMLA leave. Overall, employees in California who have had their FMLA leave denied have certain rights and protections in place. These rights are enforced by the DOL and are designed to ensure the employee’s rights are not violated. Employees should review their situation carefully and consider their rights if they believe their FMLA leave has been denied.

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What rights do employees have if their FMLA leave is denied?

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