However, CFRA is silent on the issue of clarification by the employer. “The determination of whether an employee has worked for the employer for at least 1,250 hours in the past 12 months and has been employed by the employer for a total of at least 12 months must be made as of the date the FMLA leave is to start.” 29 C.F.R. Your Entitlement to Intermittent FMLA Leave. Family and medical weeks are calculated the same as workweeks with a normal … While on leave, employees have the rights to keep the same employer-paid health benefits they had while they working. Many employees are concerned about whether the employer can deny intermittent FMLA leave or not. In doing so the employer could face fines or other penalties. FMLA guarantees a maximum of 12 weeks of unpaid leave in a year.
Unlike in many other states, in California, the 6 weeks of pregnancy disability leave you took DO NOT count toward your 12 weeks of bonding time, which means, if you are in fact entitled to your bonding leave, you would be entitled to 6 + 12 = 18 weeks off. Leave Period Calculation. “If the employee doesn’t either authorize the employer to communicate and get the information they need from the healthcare provider directly, and they don’t otherwise respond and provide clarification for you, then FMLA allows you, the employer, to actually deny the leave altogether.” Topliff continued. When an employee takes intermittent leave instead of using all of their leave time at once, an employer can require them to move to a different position that matches their new schedule. To request leave under FMLA and CFRA, 30 days advance notice is required if your need for family care and medical leave is foreseeable (e.g., the birth of child or a planned medical treatment). 2, §§ 11035(h) & 11037). To be eligible for CFRA leave, employees must be employed with the employer for a total of at least 12 months and have worked at least 1,250 hours with the employer in the 12 months preceding the CFRA leave. Can I deny my employee’s request for FMLA leave when her daughter has a baby? Our employee wants to take time off to be home with a new baby, but has not met the requirements of having worked for our company for one year. It is a violation of the law for an employer to deny an eligible leave request or to retaliate against an employee for taking a leave of absence. While on leave, employees keep the same employer-paid health benefits they had while working. An employer typically cannot deny a sick day request if the employee has a legitimate medical issue. If you fail to provide 30 days notice for a foreseeable leave, your department may deny leave until 30 days after the date you provide notice.


Eligible employees can take the leave for one or more of the following reasons: If an employer has fewer than 50 employees, it is an internal call whether to grant time off. The California Family Rights Act (CFRA) allows eligible employees to take up to 12 weeks of paid or unpaid job-protected leave during a 12-month period. If the employee does not authorize communication with his or her healthcare provider and also provides no clarification, then the employer can deny the leave request. Employers may ask for a medical certification from a healthcare provider to verify your need for CFRA/FMLA leave; however, under CFRA (unlike under federal law) employers may not ask for the diagnosis, treatment, or other “medical facts” supporting your need for leave. And depending on the employer’s benefits policy, the employee may be required to use up any accrued vacation or personal time before taking any FMLA leave.

Fewer Than 50 Employees. However, California employers need to be aware that under CFRA there is no information regarding an employer’s rights to get clarification. In calculating whether an employee meets the 12-months of service requirement, the revised regulations permit employers to exclude employment periods prior to a break in service of seven …