Can my employer deny my request for FMLA leave?
Yes, your employer can deny your request for Family and Medical Leave Act (FMLA) leave in California. Under the state’s version of FMLA, your employer may deny a request for leave if you are ineligible to take leave or if it was not requested properly. To be eligible to take FMLA leave in California, you must (1) work for an employer with 50 or more employees within a 75-mile radius of your place of work; (2) work for the employer for at least 12 months; and (3) put in at least 1,250 hours of service with the employer in the 12 months before you take the leave. In addition, to be eligible for FMLA leave in California, you must request the leave a certain way. According to the California Department of Industrial Relations, you must provide your employer with “sufficient information for the employer to reasonably determine whether the leave may qualify for FMLA protection.” This might include information about your illness or the care of a family member, and any planned medical treatment. If you meet the eligibility requirements for FMLA and provide your employer with sufficient information, your employer can still deny your request for FMLA leave if your leave would cause “undue hardship.” This is a very high standard, so it is important to speak with your employer and possibly an attorney if you believe your request was denied in violation of the law.
Related FAQs
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How much notice do I have to give my employer before taking FMLA leave?
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