Being denied unpaid leave can be stressful, especially when you have valid personal or family reasons for your request. Fortunately, there are steps you can take to address the situation and potentially challenge the decision. Here’s what you need to know:
Review Your Employment Contract and Policies
Before taking further action, review your employment contract, employee handbook, or any relevant company policies regarding unpaid leave. Many companies outline specific criteria for approving unpaid leave, so it’s important to ensureyour request complies with those terms. If it does, and your employer still denies your request, you may have a case to challenge the decision.
Know Your Legal Rights
Certain laws, like the Family and Medical Leave Act (FMLA), protect eligible employees by allowing up to 12 weeks of unpaid leave for specific reasons. These include serious personal or family health conditions, the birth or adoption of a child, or certain military-related circumstances. If your situation qualifies under FMLA or another applicable law, your employer might be violating your rights by denying unpaid leave.
Communicate with Your Employer
After reviewing your contract and understanding your legal rights, it’s important to communicate directly with your employer. Request a meeting to discuss your situation. Politely present the reasons why you believe you are entitled to unpaid leave and clarify any legal protections that apply.
Document Everything
If your employer still refuses your request, start documenting the denial and any communication regarding the leave. Keep a record of emails, meeting notes, and any other relevant information. This documentation may prove valuable if you need to take legal action in the future.
Seek Legal Advice
If your employer continues to deny your unpaid leave request, it’s time to consult with an employment attorney. A legal expert can help you determine if your rights are being violated and guide you through the process of filing a complaint or taking legal action.
At the Law Offices of J. Kirk Donnelly, we specialize in protecting employee rights, including those related to unpaid leave. If you’ve been wrongfully denied, contact us today for a consultation.