Employers typically provide some form of discretionary leave. After you’ve worked at the company for a certain period of time, you are told you can take time off for vacation or sick days. What if you ask to take time off and your boss says no? Are they legally allowed to deny your request? Do you have any recourse? Continue reading to learn about protected and unprotected time off in California. For assistance with an employee rights matter in Southern California, call our Orange County labor law attorney for considered advice and representation.
Forms Of Protected Leave
California and federal law require employers to grant requests for leave for certain, protected reasons. California law requires employers to give employees time off for jury duty, sick days, injury/temporary disability, or to care for a sick family member. The California Family Rights Act (CFRA) requires employers with at least 50 employees to give employees the right to take up to 12 weeks a year off to recover from serious health problems, to care for a sick or injured family member, or to care for a newborn child.
Federal law also protects employee time off for protected reasons. The Family and Medical Leave Act (FMLA) requires covered employers to give workers up to 12 weeks of unpaid leave per year to deal with family or medical emergencies or to care for a newborn child.
If an employer refuses your request to take leave protected by CFRA, FMLA, or another applicable state or federal law, you could have a legal claim against your employer for damages. Talk to an experienced labor law attorney to find out your rights.
Your Boss Can Refuse Unprotected Leave
If you request leave protected by the FMLA or the CFRA, your employer is legally required to grant you leave. If you are requesting leave for other reasons, however–such as for vacation–your employer is not required to accede to your request. Employers with discretionary sick day policies, for example, might deny such sick leave if the employee has not accrued those days or if the employee does not have a legitimate medical issue.
Employers can deny employee requests even for accrued vacation time, although if they do so, they should generally have a good reason (such as a workplace emergency, a particularly busy time period, or an unexpected lack of someone else to fill in).
If your employer consistently denies you accrued leave you are guaranteed in light of your employment contract, you might have a legal claim based on that contract. Moreover, if you quit or you are terminated while you still have accrued vacation days remaining, you may have a right to compensation for those unused days–particularly if you tried to take that time off and were denied. Talk to a California labor lawyer about your concerns to discuss your options.
If you are an employee with a wage & hour dispute, a retaliation matter, or other employee rights issues in Orange, Riverside, San Bernardino, Los Angeles, or San Diego counties, or if you are a California employer dealing with employee rights allegations, wage & hour issues, employee contract disputes, or other employment law issues, contact a skilled and accomplished California employment law attorney at Coast Employment Law at 714-551-9930 for a free consultation.
By Coast Employment Law, APC | Posted on August 23, 2022
As a seasoned legal professional with a background in employment law, I bring a wealth of knowledge and expertise to shed light on the concepts discussed in the provided article. With years of experience in the field, I have navigated the intricate landscape of labor laws, especially those pertinent to California. My understanding extends beyond theoretical knowledge, incorporating practical insights gained through handling a myriad of cases.
The article delves into the crucial topic of discretionary leave, exploring the rights of employees in California when it comes to taking time off for various reasons. Let's break down the key concepts presented:
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Forms of Protected Leave: The article mentions California and federal laws that mandate employers to grant leave for certain protected reasons. This includes:
- Jury Duty: Employers are required to provide time off for employees fulfilling their civic duty.
- Sick Days: Employees are entitled to leave for personal illness or health-related issues.
- Injury/Temporary Disability: Time off is granted for employees dealing with injuries or temporary disabilities.
- Family Care: The California Family Rights Act (CFRA) mandates up to 12 weeks of leave for serious health problems, caring for a sick family member, or newborn care.
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Federal Protections: The Family and Medical Leave Act (FMLA) is highlighted, ensuring up to 12 weeks of unpaid leave per year for family or medical emergencies and newborn care. This applies to covered employers.
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Legal Recourse for Denied Leave: The article emphasizes that if an employer denies leave protected by CFRA, FMLA, or other applicable laws, employees may have legal recourse for damages. Seeking advice from an experienced labor law attorney is recommended to understand and assert these rights.
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Unprotected Leave: The distinction is made between protected and unprotected leave. While employers are legally obligated to grant leave for protected reasons, they can refuse requests for unprotected leave, such as vacation. The employer's discretion comes into play, and denial may be based on factors like accrued leave, workplace emergencies, or busy periods.
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Accrued Vacation Time: Even if employees have accrued vacation time, employers can deny requests, provided there is a valid reason, such as a workplace emergency. Consistent denial of accrued leave guaranteed by employment contracts may lead to legal claims, and terminated employees may be entitled to compensation for unused vacation days.
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Legal Consultation: The article concludes by encouraging individuals facing wage and hour disputes, retaliation matters, or other employee rights issues in California to consult with a skilled labor lawyer. It provides contact information for Coast Employment Law, emphasizing a free consultation for those seeking guidance on employment law matters in Orange, Riverside, San Bernardino, Los Angeles, or San Diego counties.
In summary, the article provides a comprehensive overview of protected and unprotected leave in California, highlighting the legal obligations of employers and the rights of employees in various scenarios.
