Can an Employer Deny Unpaid Time Off in California?

There comes a time when every employee needs some time off work, whether it is to take care of a family obligation, deal with a personal or medical issue, observe a religious holiday, or handle an emergency. Because requesting unpaid time off comes with strict guidelines and requirements, many employees find themselves asking, “Can an employer deny unpaid time off in California?”

The answer depends on the nature of your request, whether certain California or federal leave laws are triggered, and what your employer’s policies are. Understanding your legal rights is key to navigating these situations with confidence and clarity.

Hire a Wage and Hour Lawyer Who Can Protect Your Career

At Asbill Law Group, we have extensive experience in California employment law, including navigating employee leave rights and workplace policies. Our team stays informed on both state and federal regulations affecting workers, from the Family and Medical Leave Act (FMLA) to California’s labor code protections. We provide trusted legal insight to employees across various industries, helping them understand their rights when requesting time off and what they deserve.

When Employers Can Legally Deny Unpaid Time Off in California

California employers have the legal right to reject unpaid time off requests when there is no law stating they must provide the leave, or if their company policies prohibit the leave. For instance, an employer may lawfully deny a request for time off when that request is not for a protected leave of absence stated in federal or state statutes.

While most employers in California have internal policies governing employee leaves of absence, these policies may or may not be legally binding. To determine whether an employer may lawfully deny your request for time off, contact an experienced California employment lawyer from our firm or the California Labor Commissioner’s Office in your district.

Understanding Protected Leave Under California and Federal Law

Both state and federal legal protections provide certain types of unpaid leave arrangements for California employees. A California employee is entitled to up to 12 weeks of unpaid leave for qualifying reasons under the Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA).

About 89% of workers in private industries had access to unpaid family leave in 2023, according to the U.S. Bureau of Labor Statistics. Your employer can’t legally deny your request if it’s covered by any of these laws. If they do, you should contact a lawyer who can help you fight your employer’s unjust actions immediately.

Unpaid Time Off for Personal or Religious Reasons in California

California employees do not automatically receive paid leave for religious practices or personal reasons as a fundamental right. However, employers in California are sometimes required to grant this type of leave under state and federal anti-discrimination and accommodation laws.

For instance, if time off is related to a religious practice, an employer is required to provide reasonable accommodation, unless doing so would cause undue hardship to their company. On the other hand, leave requested for personal reasons is generally at the discretion of the employer.

Although not a right, unpaid time off is more likely to be granted if the reason is explained and the employee offers flexibility. These accommodations may also be more common in California workplaces with diverse employee populations.

What to Do When Requesting Unpaid Time Off in California

It’s considered good practice to be respectful, courteous, and timely when requesting unpaid time off from work. Submit your unpaid time off request in writing to your employer and give as much advance notice as possible, and include any pertinent supporting documentation. If the unpaid leave request is due to medical or legal reasons, you may want to cite any relevant laws, such as guidelines from the FMLA or CFRA.

FAQs

What Laws Protect My Right to Request Unpaid Time Off in California?

California’s most common unpaid leave laws include FMLA, CFRA, and Pregnancy Disability Leave (PDL). These laws address certain medical conditions as well as family and disability-related situations. If the cause for your time off falls under one of these laws, and you qualify, your employer must provide the time off. Otherwise, unpaid leave is a matter of the employer’s internal policy.

Can My Employer Deny Me Unpaid Time Off in California?

Yes, an employer in California can reject an individual’s request for unpaid leave if the request is not covered by a specific protected leave law. If the employee’s request for unpaid time off is not covered by a protected leave law and is for personal reasons, the employer generally has the discretion to deny or grant the request. Protected leave laws like FMLA, CFRA, and PDL prevent employers from unlawfully denying requests for unpaid time off.

What Should I Do If My Unpaid Leave Request Is Denied in California?

If your request for unpaid leave is denied in California, you should review your company’s leave policy to see if it violates internal procedures or state or federal law. If you requested a type of protected leave, such as CFRA or FMLA, you may have a legal basis to appeal the denial. You may also have grounds to file a complaint with the California Labor Commissioner or seek the advice of an employment attorney.

Does My Employer Have to Hold My Job While I’m on Unpaid Leave in California?

Under the FMLA or CFRA protection, your employer is required to hold your job or provide a comparable position when you return. If your leave is informal or not protected by law, your employer is not required to guarantee you a job upon your return. The key is to know and confirm the type of leave you are taking in advance of taking the leave to prevent unintended consequences.

Hire a California Wage and Hour Attorney Who Can Protect Your Rights

If your unpaid time off request was denied and you’re unsure of your rights, the experienced team at Asbill Law Group can help. We provide clarity on California’s wage and hour laws and help employees better understand their legal rights and options. Set up a consultation today to receive the information you need to approach a wage and hour dispute with confidence.