Can an Employer Deny Unpaid Time Off in California? 2024

Taking time off is a necessary benefit for employees. There are many reasons why a person may need time away from work, including medical leave or preventing burnout. However, knowing the policies surrounding time off can be difficult, particularly with unpaid leave. Some employees wonder, “Can an employer deny unpaid time off in California?”

Taking Unpaid Time Off in California

In California, there are many jobs that offer unpaid time off, even if they do not have paid time off. An employer may approve this time off request at their discretion for any reason. However, they are not required to approve time off requests unless they are for certain legally protected circumstances.

One of these circumstances is outlined in the Family and Medical Leave Act (FMLA). The FMLA allows employees to take up to 12 weeks of unpaid leave for certain reasons, including recovery from an illness, caring for a sick family member, or bonding with a newborn.

To benefit from FMLA, an employee must work for a qualified business and meet certain requirements. If your request does not fall into one of these categories, it is possible for your employer to deny it.

When an Employer Denies Your Request

Your employer cannot deny your request if it is due to a legally protected reason under the FMLA and you meet all the requirements for doing so. However, if your request does not qualify for these reasons, such as going on a vacation, your employer has the right to deny your request.

If your employer denies your request for legitimate FMLA leave, you may have grounds to take legal action. For instance, if you recently had surgery and request time off to recover and your employer denies it, you could legally challenge their decision.

In some instances, an employer may decide to revoke their decision to approve your request. The circumstances surrounding the change will determine whether it is legally allowed.

For example, if there is an emergency at the company, they may be legally allowed to change their decision and retract any remaining time off. The reason must be justified. For example, they generally cannot change their decision just because they no longer believe it is a good idea to allow your leave.

Can You Be Fired for Taking Time Off?

If you took time off for a protected reason under the FMLA, you cannot generally be fired because of it. In some instances, an employer may be legally allowed to lay off employees, but the reasons must not be related to you taking time off. For instance, if the company enters an emergency situation where it must downsize to survive and your position is cut, this may be a legally accepted reason to terminate your employment.

If you took unapproved time off and it was not for a legally accepted reason, your employer has a right to terminate your employment at their discretion. For example, if you requested unpaid time off for a vacation and it was denied, but you did not show up for work anyway, your employer may terminate you if they see fit.

Income During Paid Time Off

Generally, unpaid time off is exactly that: time off that is not paid by your employer. However, you may qualify for state benefits. Some of these include temporary disability benefits and paid family leave wage benefits. These programs are in place to cover a percentage of your income while you are on leave.

These benefits do come with requirements that must be met, however, so you are not guaranteed to receive them. For example, if your total household income exceeds a certain threshold, you may not qualify for them.

How a Lawyer Can Help

An attorney can assist you in requesting your unpaid time off under FMLA. They can inform you of your rights so you can stay within certain guidelines in your request. They can help you gather the necessary documentation and reach a solution with your employer. If your situation requires a trial, an attorney can represent you in court. If you were unlawfully terminated or retaliated against for taking lawful leave, an attorney can seek compensation on your behalf.

FAQs

Q: How Much Unpaid Time Off Can I Take Under the FMLA?

A: Under the Family and Medical Leave Act (FMLA), you can take up to 12 weeks of unpaid time off per year. The time off must be for one of the eligible reasons. These include bonding with a newborn baby, recovering from an illness or surgery, or caring for a sick family member.

Q: Are You Allowed to Take Unpaid Time Off in California?

A: Employees in California are permitted to take unpaid leave for specific protected reasons, such as those listed in the California Family Rights Act (CFRA) or the Family and Medical Leave Act (FMLA), which covers leave for family and medical reasons. Employers are not legally required to provide unpaid leave for non-protected reasons, such as personal vacations, so taking leave for those reasons depends on their rules and consent.

Q: Can Your Employer Deny Your PTO?

A: In California, employers have the authority to reject requests for paid time off (PTO) on the grounds of operational necessity or non-coverage. Although PTO is not required by California law, companies that give it may impose limitations, such as requiring prior notification or scheduling permission. Employee handbooks usually provide information on PTO rules, including any restrictions or blackout times that may apply to requests for PTO.

Q: What Happens If I Take Unpaid Time Off Without Approval?

A: If you take unpaid time off without approval, your employer may have a right to terminate your employment, especially if it is for a non-protected reason. Protected reasons are outlined in the FMLA. Non-protected reasons could include personal vacations. FMLA protects you from termination for valid medical reasons. It does not protect against reasons other than this, so your employer’s actions will be at their discretion.

Contact the Law Offices of Reisner & King LLP Today

When you’re facing issues or have questions regarding unpaid time off, or if you need guidance on leave rights in California, the Law Offices of Reisner & King LLP can help. Contact us today to protect your rights.