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

If an employee in North Carolina is denied their FMLA leave, they have a few rights to pursue. Firstly, an employee has the right to file a complaint with the Wage and Hour Division of the U.S. Department of Labor or to file a private lawsuit in court. The employee can also file a complaint with the North Carolina Department of Labor or a state court. The complaint must state that the employee’s FMLA leave was denied and must include any information that the employee has that will support their case. If the employee has a valid case, they could be awarded back-pay, attorneys’ fees, and other damages. In some cases, the employee may also be able to obtain injunctive relief, which is an order from the court that the employer has to take corrective action. If the employee experiences retaliation for attempting to exercise their rights under FMLA, they have the right to file a complaint with the U.S. Department of Labor for that as well. The employee may also have the right to seek damages to cover any economic losses they have experienced as a result of the retaliation. In North Carolina, employees have the right to receive the protections and benefits provided by the FMLA. If their FMLA request is denied, employees have the right to pursue legal action against their employer.

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

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