Can an employer deny unpaid time off?
Generally, yes. Unpaid time off is not something that's a protected category in California unless the reason for the unpaid time off is a protected leave. For example, FMLA or CFRA, those are leaves that are protected based off of serious medical conditions.
Pregnancy leave is leave because of pregnancy. There are certain other leaves of absences that are also protected and those leaves the employer cannot deny the time off. But everything else they can deny time off if it doesn't fit their employment schedule.
Time off covers more legal categories than people realize
Beyond FMLA, CFRA, and pregnancy-related leave, California recognizes a number of other protected reasons for time off, things like jury duty, appearing in court as a victim of a crime, addressing domestic violence or sexual assault, and military-related family leave, among others. If your reason for needing time off falls into one of these categories, your employer can't treat the request as purely discretionary just because it doesn't look like a traditional medical leave.
A common mistake employees make is asking for time off without ever explaining why. An employer generally only has to recognize a protected reason if you actually give them the facts behind the request — the underlying reason, not the label you put on it, is usually what triggers protection. A request tied to a disability, for instance, may need to be evaluated as a reasonable accommodation rather than a simple yes-or-no time-off request.
If you're not sure which bucket you're in
Explain the real reason for your request in writing, even briefly, and keep a copy. If your employer denies time off connected to a medical condition, caregiving, or another legally recognized reason, an attorney can help you figure out whether that reason should have been protected.
More questions, answered.
Other videos on this topic. Watch one, then tell us what happened.
Tell us what happened. We read it free.
Send it in a sentence or two. If there’s a case, we’ll tell you what it is and what to do next. If there isn’t, we’ll tell you that too — straight, and at no cost.
Prefer to talk? Call (424) 255-8376 — a real person answers.