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

In Washington, employees have certain rights in the event that their Family and Medical Leave Act (FMLA) leave is denied. If a denial is received, the employee can file a complaint with the U.S. Department of Labor’s Wage and Hour Division. The complaint must detail why FMLA leave was denied, when the denial was received, and why the denial is unreasonable. The denial of FMLA leave could also provide grounds for a lawsuit. In Washington, employees have the right to file a lawsuit for compensatory damages, back pay, attorney’s fees, and other costs associated with the lawsuit. It is important to note that a lawsuit must be filed within two years of the denial of FMLA leave. Employees in Washington are also protected in the event of retaliation. This means that employers cannot take adverse action against an employee who exercises their rights under the FMLA. This could come in the form of termination, demotion, or any other negative action. If an employer is found guilty of this, they could be liable for compensatory and punitive damages. Finally, employees in Washington may be entitled to reinstatement of their job if they took FMLA leave and were then denied it. This means that upon returning from FMLA leave, their employer is mandated to return them to their pre-leave job exactly as it was before their leave. If the job is not available, employers must find a substantially similar job.

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

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