Denied FMLA? Common Reasons and How to Appeal
Was your FMLA request denied? Don't panic. It's often a fixable paperwork error. Here is how to fight a denial.
Introduction
A denial letter feels like a final verdict, but it is often just the start of a conversation. Most denials happen for bureaucratic reasons, not legal ones.
Top 3 Reasons for Denial
1. **Incomplete Certification:** The doctor skipped a question or didn't sign it. - **The Fix:** The employer MUST give you 7 days to "cure" (fix) the deficiency. They cannot just flatly deny it without this chance. 2. **Insufficient Notice:** You didn't tell them soon enough. - **The Fix:** Explain why it wasn't foreseeable (e.g., emergency room visit). 3. **Ineligibility:** You haven't worked 1,250 hours. - **The Fix:** Check your pay stubs. Employers sometimes forget to count overtime hours toward your total.
Requesting a Second Opinion
If the employer doubts your medical validity, *they* pay for a second opinion. You don't have to accept their denial of your medical facts.
Conclusion
Read the denial notice carefully. Identify the specific gap, fix it, and resubmit immediately.
*LEGAL DISCLAIMER: The information provided on this website is for general informational purposes only and is not intended to be legal advice.*
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