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. By Marti Cardi, VP-Product Compliance & Gail Cohen, Director-Employment Law/Compliance. An employer typically cannot deny a sick day request if the employee has a legitimate medical issue. Can I deny my employee’s request for FMLA leave when her daughter has a baby? California has enacted the New Parent Leave Act to amend the California Family Rights Act (CFRA). Fewer Than 50 Employees.

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.
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. The CFRA also permits intermittent leave.

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).
Code Regs., tit. 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. The California Family Rights Act (CFRA) authorizes eligible employees to take up a total of 12 weeks of paid or unpaid job-protected leave during a 12-month period. While on leave, employees keep the same employer-paid health benefits they had while working. 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.

However, CFRA is silent on the issue of clarification by the employer. § 825.110(d). FMLA guarantees a maximum of 12 weeks of unpaid leave in a year. 2, §§ 11035(h) & 11037). 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. 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 … 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. Eligible employees can take the leave for one or more of the following reasons: California Expands CFRA Bonding Leave Coverage. CFRA does not … Leave Period Calculation.