Like most states, Idaho has employees who may encounter situations where they must take a leave of absence from work, whether for personal, family or medical reasons. Understanding the legal rights around leave is essential if your employer denies your request.
Here’s what you need to know about taking a leave of absence and your options if your employer denies your request.
Types of leave in Idaho
Idaho follows federal laws, particularly the Family and Medical Leave Act (FMLA), which allows eligible employees to take up to 12 weeks of unpaid leave for specific reasons, such as:
- Serious personal health conditions
- Caring for a family member with a serious condition
- Birth or adoption of a child
- Military family leave
To be eligible for FMLA, an employee must work for an employer with at least 50 employees, have worked for the employer for at least 12 months and have completed at least 1,250 work hours.
When can an employer deny leave?
Under FMLA, an employer cannot legally deny an eligible employee leave. However, the employer can deny the leave request if an employee does not meet the eligibility criteria or the business has fewer than 50 employees. Additionally, employers can require proper documentation, such as a doctor’s note, before granting medical leave.
What are your options if denied?
If your leave is denied, you have several options:
- Consult HR: Ask your human resources department to clarify why your leave was denied and verify that you meet eligibility requirements.
- File a Complaint: If you believe your rights under FMLA have been violated, you can file a complaint with the U.S. Department of Labor.
- Seek Legal Counsel: If your employer continues to deny your leave unjustly, consulting a lawyer familiar with Idaho labor laws may help you protect your rights.
Knowing your legal rights can help you navigate the process if your leave request is denied.
