Can an Employer Deny Unpaid Time Off in California?

California is known for its employee-friendly laws, including those protecting workers’ rights to take time off. However, many employees may wonder if their employer can deny their request for unpaid time off. But can an employer deny unpaid time off in California? By exploring whether an employer can deny unpaid time off in California, employees can better understand their rights and how to protect them with guidance from a Los Angeles employment lawyer.

What Is Unpaid Time Off?

Unpaid time off, also known as unpaid leave, refers to a period during which an employee takes time off from work without being paid. This can be for various reasons, including:

• Personal illness
• Caring for a family member
• Attending to personal matters
• Taking a vacation

In California, employees are entitled to take unpaid time off under certain circumstances.

What Are the Laws Governing Unpaid Time Off in California?

In California, the laws governing unpaid time off include:

• Family and Medical Leave Act (FMLA). The FMLA is a federal law that affects all employers with at least 50 employees. They are required to offer eligible employees as much as 12 weeks of unpaid leave annually for particular family and medical reasons.
• California Family Rights Act (CFRA). The CFRA is California’s version of the FMLA. But, this law is much more expansive and affects employers with five or more employees. They must offer eligible employees up to 12 weeks of unpaid leave annually for specific family and medical reasons.
• Medical leave under the Fair Employment and Housing Act (FEHA). California’s FEHA requires employers with five or more employees to provide their employees with reasonable accommodations for their medical condition or disabilities, including to care for the medical condition and disabilities of family members. Reasonable accommodation includes time off.
• CFRA and FMLA. Further, time off for medical leave has no 12-week maximum and can be in addition to CFRA/FMLA leave. Medical leaves can even be one to two years long.
• Paid Family Leave (PFL). PFL is a California law that provides eligible employees with up to eight weeks of partial pay. This allows them to care for an ill family member or have quality bonding time with a new child.
• Pregnancy Disability Leave (PDL). PDL is a California law and a requirement for employers with five or more employees. They must provide eligible employees with up to four months of unpaid leave for pregnancy-related disabilities.
• California Sick Leave Law. Under this law, employees in California are entitled to at least 24 hours, or three days, of paid sick leave per year. This allows them to take care of themselves or their family members. Cities and counties in California (like Los Angeles) also have higher paid sick leave minimums.

Can an Employer Deny Unpaid Time Off in California?

This depends on the reason for the requested time off. In general, employers cannot deny unpaid time off if it is requested for reasons covered by the laws listed above.

However, if these laws do not cover the requested time off, the employer may have the right to deny the request. For example, if an employee requests unpaid time off to attend a concert, the employer may deny the request.

What Options Do Employees Have if Their Request for Medical/Disability Leave Is Denied?

If an employee’s request for unpaid time off is denied, there are several options available:

• Negotiate with the employer. Employees can try to negotiate with their employer to find a compromise that works for both parties. For example, they could offer to adjust their work schedule or take time off at a different time.
• Hire an experienced employment lawyer.

What to Do if the Denial May Be Illegal

In the United States, 93% of workers have access to paid or unpaid leave, but that doesn’t always mean they get approved. While your employer can deny your request for leave if your reason for leave is ineligible or you do not qualify for FMLA or CFRA protections, they cannot deny a valid request if you’re eligible for leave. If the denial is illegal, you do have options. Follow these steps:

• Save the written request and the employer’s response. Be sure to keep copies of emails, letters, and HR forms showing your request and how your employer responded.
• Confirm whether the employer is treating the leave as a policy request or a protected leave request. Make sure your employer is properly classifying your request under laws like FMLA or CFRA. Misclassification can impact your rights.
• Preserve medical or other supporting documentation. Keep any documentation showing medical treatments, bereavement confirmations, and other communications that could justify your leave. If you need to file a claim, these documents could be invaluable evidence.
• Document any retaliation after the request. If you notice your employer has begun punishing you for requesting leave, take note. Document instances of retaliation, such as receiving unfavorable tasks, being excluded from trainings or meetings, or being harassed.

Note that for certain disputes involving employers with five to 19 employees, California has a free CRD mediation program before court for CFRA, bereavement, and reproductive-loss disputes. Mediation is often a great way to resolve issues without having to go to court. In 2021, the CRD had 427 reports related to leave issues.

About Shirazi Law Firm, PC

Since 2011, Shirazi Law Firm, PC, has been standing up for employees’ rights in California. Our wage and hour lawyers know how important it is for you to have access to your legally protected leave, and we challenge employers who deny workers their rights head-on.

Whether in settlement negotiations or in a courtroom arguing before a judge and jury, we do not back down. With tens of millions of dollars secured for our clients, we believe our results speak for themselves.

Our founding attorney, Emanuel Shirazi, has over 22 years of experience in employment law. He puts his background and knowledge to work for his clients, personally managing every case. We exclusively handle employment law cases, meaning you get targeted attention from an attorney who knows what it takes to build a strong case.

FAQs About Time Off Request Laws in California

What if my employer denies my request for unpaid time off under the FEHA, FMLA, or CFRA?

If your employer denies your request for unpaid time off under the FEHA, FMLA, or CFRA, it may violate California law. You should immediately consult an employment law attorney to explore your options.

Can My Employer Require Me to Use My Paid Time Off (PTO) Instead of Unpaid Time Off?

Yes, your employer may require you to use your PTO instead of unpaid time off. However, they cannot force you to use your PTO for reasons covered by the FMLA, CFRA, PFL, PDL, or California Sick Leave Law. In addition, employers must provide employees with reasonable notice before requiring the use of PTO. If you have concerns about your employer’s PTO policy, reviewing your employment contract may be helpful.

Can My Employer Deny My Request for Unpaid Time Off for a Religious Observance?

Employers in California are required to make reasonable accommodations for an employee’s religious beliefs or practices. If the requested time off is for religious observance, the employer may be required to grant the request unless it would cause undue hardship. If your employer denies your request for unpaid time off for religious observance, it may violate California labor laws. In this case, you should consult with an employment law attorney to explore your options.

Can My Employer Deny My Request for Unpaid Time Off for Jury Duty?

Employers in California are required to allow employees to take time off for jury duty without fear of retaliation. If your employer denies your request for unpaid time off for jury duty, they may violate California labor laws. In addition, employers cannot require employees to use their PTO for jury duty. If you have concerns about your employer’s policy regarding jury duty, review your employment contract or consult with an employment law attorney.

Can My Employer Require Me to Provide a Doctor’s Note for Unpaid Time Off Due to a Medical Condition?

Employers in California are allowed to require documentation for absences due to a medical condition. However, they cannot require specific details about the medical condition or diagnosis. In addition, employees are entitled to privacy regarding their medical conditions under the FEHA and Americans with Disabilities Act (ADA).

It is recommended that you provide only the necessary information to support the reason for the absence. If you have concerns about your employer’s policy regarding medical absences, reviewing your employment contract or consulting with an employment law attorney may be helpful.

Can You Be Fired for Taking Unpaid Time Off Without Approval?

Yes, in some cases, you can be fired for taking unpaid time off without approval from your employer. If the leave is not protected by law and the employee takes it anyway, discipline or termination may follow, and the employer would be well within their rights. However, if the leave is protected under laws like CFRA, FMLA, or PDL, the employer cannot lawfully interfere with, deny, or retaliate for requesting or using that leave.

Contact Shirazi Law Firm, PC, Today to Hire a Wage and Hour Lawyer

If you need help understanding your rights and responsibilities under California labor laws, hire a wage and hour lawyer from our firm. The experienced attorneys of Shirazi Law Firm, PC, can provide comprehensive legal services to employees throughout California and can help you explore your options.

California wage and hour laws can be complicated to navigate on your own. Let us be your trusted ally throughout the process. Contact our office today to schedule a consultation with one of our dedicated attorneys. We look forward to assisting you with your labor law needs.