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. By exploring whether an employer can deny unpaid time off in California, employees can better understand their rights and how to protect them.

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 5 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 FEHA: California’s Fair Employment and Housing requires employers with 5 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 and applies even if employees are not 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 1-2 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 may be able to adjust their work schedule or take time off at a different time.
• Hire an experienced employment lawyer.

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 to 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.

Contact Shirazi Law Firm, P.C., Today

If you need help understanding your rights and responsibilities under California labor laws, the experienced attorneys of Shirazi Law Firm, P.C., can help. We provide comprehensive legal services to employees throughout California and can help you explore your options. 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.