Fmla Denial Appeal Process

Summary

If your FMLA request was initially approved and then denied, gather all relevant documentation, including emails, and consider filing a formal appeal. As a union employee, you typically need to follow the grievance procedure outlined in your union contract before taking legal action. Consulting an employment lawyer specializing in FMLA cases can strengthen your case. Consider contacting the Chicago Bar Association for attorney referrals.

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I am writing to formally request a review of my recent FMLA case, which was initially approved and then subsequently denied. I believe the denial is inconsistent with both the Family and Medical Leave Act (FMLA) regulations and past practices within the department. As per FMLA guidelines, I am eligible to apply for leave up to 30 days in advance for foreseeable medical conditions. My previous FMLA leave was set to expire on December *, *, and I applied for renewal on November *, *, after meeting the required *,* hours worked. My medical certification was submitted on December *, *, well ahead of the December *, *, deadline. I did call to request an extension and was informed that I had until December *, *, to submit the necessary documentation. This extension request should not have resulted in a recalculation of my hours worked. I also want to clarify that I believe Valentin handled everything correctly, and the information regarding my application in November and certification in December is accurate as stated by Marcia. On December *, *, my FMLA request was approved. However, on January *, *, I was notified that my FMLA request had been changed from “approved” to “denied” after I contacted the FMLA department to inquire about my Fmla hours going into effect. I was scheduled to begin earning FMLA time on January *, *, but it appears the FMLA department is now applying a different rollback date than has been consistently used in the past. Historically, the department has based the calculation on the date the request was submitted, rather than a new rollback date. This change has caused considerable confusion and stress, which is negatively affecting my ability to manage my medical condition. The added stress is exacerbating my flare-ups, and this situation is hindering my ability to care for my health properly. I respectfully request a thorough review of my case to ensure that it is processed in alignment with both FMLA regulations and the department’s past practices. I believe my request meets all the necessary criteria, and I would greatly appreciate any clarification or assistance in resolving this matter promptly. Thank you for your attention to this issue. I look forward to your response and a swift resolution.
You may have a strong case for legal intervention based on the information you've provided. Here are some general guidelines regarding FMLA:
- Eligible employees can take up to * workweeks of leave in a *-month period for specified family and medical reasons.
- Notice of leave should be given 30 days in advance when foreseeable.
- Medical certification must be provided within 15 days of the employer's request.
Do you have any additional documentation or correspondence from the FMLA department that might support your claim?
What to do
Here's what you can consider doing next:
- Gather Documentation: Collect all relevant records, including emails, letters, and any other correspondence with the FMLA department.
- Formal Appeal: Write a formal appeal letter to your HR department or FMLA administrator outlining the discrepancy and requesting a review.
- Consult a Lawyer: Given the complexities and potential stress, consulting an employment lawyer who specializes in FMLA cases might be beneficial.
Do you have any specific questions about the appeal process or finding legal support?
Can I submit the letter above
Yes, you can submit the letter. It clearly outlines the timeline, your eligibility, and the inconsistencies in the handling of your case. Ensure you attach any supporting documentation you have and consider consulting a lawyer to strengthen your appeal.
Do you need further guidance on how to proceed with the appeal process?
I have emails of approval then email of denial.
It sounds like you have a solid basis for appealing the decision. Here’s what you should do next:
- Include Emails: Attach the emails of approval and denial to your appeal letter.
- Consult a Lawyer: Since you have supporting evidence, getting a lawyer could significantly bolster your case.
Would you like advice on finding a suitable lawyer?
Yes
To find a suitable lawyer specializing in FMLA cases:
- Look for employment law attorneys in your area.
- Check online reviews and ratings.
- Contact your local bar association for referrals.
Would you like more details on how to contact your local bar association?
Best reviews on employment law attorney in chicago
For finding the best employment law attorney in Chicago, consider these steps:
- Search for employment law attorneys on review sites like Avvo, Martindale-Hubbell, and Google Reviews.
- Check their ratings and read client reviews.
- Contact the Chicago Bar Association for referrals.
Would you like more details on contacting the Chicago Bar Association?
I am a union employee do I have to file a grievance first or can I go straight to an attorney
As a union employee, you generally need to follow the grievance procedure outlined in your union contract before taking legal action. This often includes filing a grievance with your union representative.
Would you like more information on how to file a grievance with your union?
But it stresses
I understand that dealing with this process can be very stressful. However, as a union employee, following the grievance procedure is usually necessary before you can escalate the issue legally.
Would you like some tips on managing stress while handling this process?