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

In Washington, employees who are eligible for FMLA (Family and Medical Leave Act) leave are granted certain rights under the law. If their FMLA-protected leave is denied, these employees have the right to take legal action against their employers for damages. Under Washington law, employers must provide employees with written notice of their eligibility for FMLA leave and the potential consequences if that leave is denied. This notice must be given at least 30 days before the leave is to begin. If the notice is not given on time, the employee may be able to file a complaint with the Washington Equal Employment Opportunity Commission. The employee also may have the right to file a lawsuit against the employer if their FMLA-protected leave is denied. The employee may be able to seek compensation for any economic losses they incur due to the denial, such as lost wages or medical costs. They also may be able to seek non-economic damages such as emotional distress if the denial caused them hardship. Employers who deny FMLA leave must also make guarantees to their employees that reinstatement will be provided when the employee returns from their leave. In some cases, employers may be able to deny reinstatement if they can demonstrate that it would cause an unnecessary hardship. However, if the employer is found to have denied the reinstatement without demonstrating such a hardship, the employee may be entitled to damages. In short, employees in Washington have the right to take legal action if their FMLA-protected leave is denied. They may be able to seek compensation for economic and non-economic damages, as well as reinstatement, depending on the circumstances.

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

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