Can Your Employer Deny Your Time Off Request?

By Eugene Bruno on December 4, 2024

Do you know your rights when it comes to taking time off from work? In California, employers must follow specific laws regarding paid and unpaid time off, but what happens if your request is denied? Our latest blog post explores whether your employer can refuse your time off request and what to do if it happens to you. Read on to learn more about your rights and how to protect them!

Can My Employer Refuse My Request for Paid or Unpaid Time Off?

California is known for its strong labor laws that protect workers’ rights across all aspects of employment, from hiring and promotion to termination. These laws aim to create a fair, safe, and supportive workplace for employees. Part of fostering a positive work environment includes providing employees with adequate time off. Whether for vacation, illness, or personal reasons, taking time away from work is essential for maintaining a healthy work-life balance.

In California, specific guidelines surround both paid and unpaid time off, and it’s important for employees to understand their rights regarding these benefits. If you’re experiencing issues with time off, such as being denied time you’ve earned or unpaid leave, it’s crucial to know your options. Here’s what you need to know about California’s employment laws regarding time off, including paid time off (PTO), vacation, and sick leave.

Paid and Unpaid Time Off: What You Should Know

Paid Time Off (PTO)

Paid time off (PTO) is any time an employee takes off from work while still receiving a paycheck for that period. PTO can include vacation time, holidays, or personal days, and it is typically provided based on the employer’s policies. Employers may offer PTO as a set number of days or accrue hours over time, depending on the company’s benefits package.

In California, PTO is considered part of an employee’s earned wages, which means that if you leave your job or are terminated, your unused PTO must be paid out in your final paycheck. Employers who do not pay out unused PTO may be violating California labor laws.

Unpaid Time Off

Unpaid time off is leave that employees can take without pay. This might be necessary for personal reasons, family matters, or emergencies. While most employers provide unpaid time off as a benefit, the amount allowed and the circumstances under which it can be taken may vary.

Even if you have accrued PTO, it’s important to note that an employer can deny both paid and unpaid time off depending on the company’s policies. However, there are exceptions. For instance, if you need time off under the Family and Medical Leave Act (FMLA), which protects employees who need to care for themselves or a sick family member, the employer is legally required to approve the time off.

Sick Leave: Know Your Rights

California’s employment laws also require employers to provide paid sick leave for employees. As of January 1, 2024, all California employers must provide at least 40 hours (or 5 days) of paid sick leave per year to employees who meet certain criteria. These include:

• Being employed with the same company for at least 30 days within the past year.
• Having worked for at least 90 days before taking paid sick leave.

Employers can choose how they provide sick leave. They can either grant all the hours at once or allow them to be earned over time. Sick leave can be used for:

• Doctor appointments
• Receiving medical treatment
• Caring for a sick family member

It’s important to note that California sick leave is paid, and you cannot be retaliated against for using it.

What If Your Paid Time Off Goes Unpaid?

Unfortunately, some employers violate their time-off policies, leading to disputes over whether employees are entitled to paid time off or vacation pay. Common violations include:

• Refusing time off even if you have earned it.
• Not paying for accrued paid time off when you leave your job.

If your employer fails to honor the paid time off you’ve earned, you may have a wage violation claim. In such cases, it can be helpful to consult with an employment lawyer to evaluate your situation and ensure your rights are protected.

California’s labor laws are designed to ensure employees receive fair compensation and time away from work to maintain their health and well-being. Whether it’s paid time off, sick leave, or unpaid leave, it’s crucial to understand your rights as an employee. If you’re being denied time off or not paid for the time you’ve earned, consider reaching out to an experienced employment lawyer to review your case and help you get the compensation you deserve.

Understand and Protect Your Rights as an Employee

Eugene Bruno & Associates is a San Diego law firm that specializes in helping employees understand and protect their rights under California employment law. Contact us today to discuss how we can assist you with your time off issues and any employment law concerns you may have. Call us at 1-888-BRUNO-88 (1-888-278-6688).