When you are unwell, hurt, or need to take care of your health or the health of a close family member, you can take medical leave from work. It’s supposed to provide you a break so you can get better or help someone else without worrying about losing your job.
The U.S. Bureau of Labor Statistics says that 45% of private sector workers can get short-term disability insurance through their jobs. This figure suggests that most private sector workers (55%) can’t use this benefit.
What happens if your claim is denied? According to medical leave claim attorney Emanuel Shirazi, if you recently requested time off from work to address a serious medical issue of any kind and your employer fired you or engaged in any other adverse actions against you, you need to consult an attorney as soon as possible.
If your employer denied your medical leave, here are some steps you can take to understand your rights.
Understand Your Rights Regarding Medical Leave
When taking medical leave, it is important to understand your rights so you can address the complications of the legal process.
Study about the Family Medical Leave Act (FMLA). This law gives you unpaid leave for serious health conditions for up to 12 weeks. Your employer should keep your job and benefits intact during that period.
Check your policies, as company policies might provide extra assistance or paid leave. Check certain state laws that can give you more protections. When it comes to your rights, you could even ask for assistance from an employment lawyer.
Knowing what you are entitled to can help you fight for your rights and exercise your right to leave for valid health reasons.
Review the Denial Letter Carefully
If you have received a denial letter for an application pertaining to a medical leave, do review it with utmost care.
Check the reason for the denial. The letter will outline why your medical leave request was rejected. The letter might specify which documentation and information were lacking. Find out the deadline for your appeal. Once you get those three things, you should have a good idea as to how to proceed.
The tone and language of the letter can give you clues as to whether it is a final decision or if you may still submit any additional information. Never miss any contact details provided and call for clarification if in doubt.
Gather Supporting Documentation
It is necessary to get the documents that support your appeal of the denial of your medical leave.
Getting your medical records is the first step. They can tell you about your ailment, treatment, and any suggestions your doctor has for taking time off. Get a letter from your doctor saying that you really needed the time off.
Obtain the emails or any other messages that you have sent to your boss in connection with your request for taking leave. Check out your employer’s rules concerning medical leave so that you can strengthen your case.
Always remember to take a copy of the form for medical leave or any other application. Proper presentation of documentation for an appeal goes a long way in establishing that your case is valid and well-supported by evidence.
Appeal the Decision With Your Employer
Once you have finished preparing the documentation, you can then proceed to appear before the employer and file an appeal.
Schedule an appointment with your supervisor or an HR representative to contest the refusal of your medical leave request. You should keep your cool and be direct as you explain the situation and present your papers.
Refer to any company policy or legal right that might apply in support of your request. Be prepared to answer any questions that arise from their side and provide clarification whenever needed.
Then explain in detail the extent to which your medical condition disables you from working and why the leave is essential for your recovery. Actively listen to the side of your employer and keep an open mind for conversation.
You can try to work out a compromise or find an alternative solution if your appeal is unsuccessful. You are more likely to obtain a positive outcome if you were respectful during the entire process.
Seek Legal Assistance if Necessary
If your appeal was not handled properly, you must get legal help and assert your rights. An employment law lawyer can help you decide what options you may have and whether the entire legal proceeding should be considered.
They will study the whole thing, gather evidence for you, and advise you on the safest approach to choose. Legal representation will certainly help fortify your position and often help you secure a better outcome.
Should your employer violate the FMLA and break any company policies, your lawyer will help you to file complaints with the proper agencies for resolution.
Do not be afraid to ask for help. Stand up for yourself and see to it that your rights will never be trampled upon and disregarded.
