Because now a lot of people are aware of FMLA and how it works, no doubt, there has been an increase in cases where employers have denied leave extension, and that’s why people often search for recent FMLA Leave Extension Denial Lawsuit or cases. If you’re up to that too and now want to know more about how it all works, then just keep on reading because we will also talk about two real life cases here.
What Does FMLA Actually Cover for You?
Before we get to the actual cases and what this entire matter really is, let’s first get to know what really the Family and Medical Leave Act, or FMLA, is. So, first of all, just know that it was only in1993 that this law was introduced, and it basically offers employees a bit of a break, like, they can take up to twelve weeks of unpaid leave that is job-protected, in a year. It means that an employer cannot fire you simply because you have fallen ill, had a baby, or have gone to support a partner who is seriously ill (for instance, cancer). But in reality and actuality, the protection is pretty much over once the twelve-week period is over. Plain and simple! That is the part a lot of people are getting wrong.
It is true that FMLA lets you take twelve weeks of leave during which your job is protected. Once that period is over, there is no protection unless there is some other act that comes into use in your case, like the Americans with Disabilities Act (ADA) or California’s Fair Employment and Housing Act (FEHA).
When Does a Leave Denial Become a Lawsuit?
It’s pretty simple, actually; a denial that is against the law is pretty much an illegal one. To make you understand it better, see, according to people like PLBH Law, it’s not merely about getting a ‘no’ response. Nah! In reality, it’s mainly about fulfilling the prerequisites, like you’ve been working there for over a year, put in at least 1,250 hours, and the company has 50 or more employees, and yet, you are being denied.
Real Example #1: The Case Where No Real Harm Meant No Win (Jergens v. Marias Medical Center 2021)
Usually, it has been seen that FMLA lawsuits don’t always come with the workers having a big win. Why? Well, this case explains it really well, so, one instance is Jergens, a hospital employee in Montana, who found out the hard way in 2021 when she claimed her employer did not give her any information about her FMLA rights. It sounds like a violation, right? But the thing is, the court examined the case in detail and essentially said that there was no issue of any consequence in this case. Why? Because it was just a technical error and there was no intent behind the employer’s actions.
Real Example #2: The Story of Too Many Extra Requests (Rosado v. Leprino Foods Co. 2025)
Another case is where Gina was working at Leprino Foods (California), but that period was full of unfortunate events for her because she got into accidents. After that, she became dependent upon a wheelchair. Initially, the employer was very supportive and approved several FMLA leaves and extensions. But, as the total time away from work reached a year, both the sympathy from the side of the employer and the regulations started to disappear.
In 2021, Gina asked for another sixth extension and for 6 months again, but the employer denied that. And you know what? The judge even sided with the employer, arguing that one extension after another without a definite date of return makes it very difficult for the company to keep going.
