Josh Goodbaum: Hi, Amanda.
Amanda DeMatteis: Hey, Josh. What are we gonna chat about today?
Goodbaum: Okay, so a client comes to me and says, “I’ve watched your video about how to ask for FMLA leave. I asked and they said no. Now, what do I do?” What do you say?
DeMatteis: Well, it could be lots of different things and for lots of different reasons, so I think the first thing you wanna do is ask your employer, “Hey, why was my FMLA leave denied?” And it might be something really simple. Maybe your doctor didn’t fill something out appropriately on the medical certification. Maybe the medical certification wasn’t sent in on time. Most of the time, FMLA leaves are handled by a third-party insurance company that your employer has retained to deal with these types of issues. So, it could be just a bureaucratic issue as to: was a deadline missed, was a piece of paper not filled out properly? And hopefully, that’s an easy fix, and it’ll get you back.
It could be something more significant, such as, “This isn’t a qualifying leave.” Remember, to get FMLA, it needs to be because of your own or an immediate family member’s serious health condition. Maybe, for whatever reason, the third party who administers the FMLA is saying, “This isn’t a serious health condition.” So, maybe again, you need to go back to your doctor and say, “Hey, my FMLA leave was denied. Can we talk about why? Do I really have a qualifying reason for that leave?” Best practice is to be open in your communication with your employer. Try to figure out what the problem is and see if you can fix it.
If you’re saying to yourself, “Wait a minute, Amanda, I know I have a qualifying leave” – say you have something like cancer, and that of course is a serious medical condition that would entitle you to FMLA – “yet my leave is still being denied,” maybe it’s time to talk to an employment lawyer about really what’s going on with your employer because maybe it shouldn’t be.
Another thing for you to consider is maybe you just need a reasonable accommodation for a short period of time away from work. If you have a disability that would entitle you to a reasonable accommodation under either state or federal law, maybe that’s a route to take as opposed to the FMLA. So, remember, when you’re dealing with a disability or with a health issue, there’s a lot of different laws that are involved. If you need help analyzing all these different laws, your short-term disability policy, Connecticut Paid Leave, the difference between job protection and pay protection, give us a call. We’re happy to talk through these issues with you.
But if you think you have a qualifying reason for FMLA leave, if you have a doctor that supports that and your leave is still being denied, the first question to ask is: “Why?” If that still doesn’t answer your question, maybe it’s time to give an employment lawyer a call.
Goodbaum: Great advice, Amanda. Thank you, and thank you all for watching. We’ll see you next time.
DeMatteis: Take care.