California law strongly protects employees who need time off for family or medical reasons, but that doesn’t stop some employers from pushing back on leave requests. Many workers assume that once they provide proper medical documentation, their employer must automatically approve the time off. Unfortunately, that isn’t always the case. Understanding when an employer can legally deny a leave request—and when such denial violates your rights—is key to protecting yourself under California and federal law.
At Lawless, Lawless & McGrath, we’ve helped California employees navigate the complexities of the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). Here’s what you need to know if your employer is questioning or denying your request for protected leave.
Legal Protections Under FMLA and CFRA
Both FMLA and CFRA give eligible employees the right to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for qualifying reasons such as their own serious health condition, the birth or adoption of a child, or caring for a sick family member. These laws prohibit employers from denying valid requests or retaliating against employees who exercise their rights.
To qualify for protection under these laws, you generally must:
- Have worked for your employer for at least 12 months;
- Have worked at least 1,250 hours during the past 12 months; and
- Work for a covered employer (FMLA: 50 or more employees within 75 miles; CFRA: 5 or more employees anywhere in California).
Once those criteria are met and you provide proper documentation, your employer must either grant the leave or provide a legitimate, lawful reason for denial.
What Counts as “Proper Documentation”?
Employers are allowed to request reasonable documentation to verify that your leave qualifies under FMLA or CFRA. Usually, this means a certification form or medical note from your healthcare provider that includes:
- The condition’s start date and estimated duration;
- Information confirming that you or your family member have a serious health condition; and
- Details on whether you’ll need continuous leave, intermittent leave, or a reduced schedule.
Employers cannot demand extensive medical details or diagnoses beyond what’s necessary to confirm the need for leave. Once you submit proper certification, your employer must process the request in good faith.
When Employers Can Legally Deny a Leave Request
While most properly documented leave requests should be approved, there are a few limited circumstances where an employer may legally deny FMLA or CFRA leave:
- Ineligibility: If you haven’t met the employment length or hours-worked requirement, your employer may deny the request.
- Non-qualifying reason: The requested leave must fit within one of the legally protected categories such as serious health conditions or family bonding. Vacation or personal reasons generally don’t qualify.
- Incomplete or insufficient certification: If your documentation is missing required details, your employer can ask for clarification or deny the request until proper certification is provided.
- Employer verification failure: If a healthcare provider does not respond to verification requests (and the delay isn’t your fault), employers may delay approval until the information is confirmed.
Even in these cases, your employer must notify you in writing about what’s missing or why the leave was denied and give you a chance to fix any deficiencies before final denial. Arbitrary or blanket denials without explanation are not lawful.
When Denying Leave Becomes Illegal
If you’ve met all eligibility requirements and submitted the proper documentation, your employer generally cannot deny your request. Doing so could constitute interference with your FMLA or CFRA rights. This includes:
- Refusing to authorize leave that qualifies under the law;
- Delaying leave approval without legitimate reason;
- Discouraging you from taking leave through threats or intimidation; or
- Retaliating against you for requesting or taking leave (such as demotion, termination, or reduced hours).
California’s CFRA also prohibits retaliation for simply asking about or discussing leave rights. If your employer responds negatively, disciplines you, or alters your job after you request leave, those actions may violate the law even if the leave itself hasn’t started yet.
Intermittent Leave and Employer Pushback
Employers often resist intermittent leave, especially for ongoing conditions. However, both FMLA and CFRA explicitly protect intermittent leave when medically necessary. Employers can request a medical certification specifying the frequency and duration of absences, but they cannot deny it outright if the documentation supports the need.
If your employer tries to control or limit your schedule in a way that contradicts your doctor’s certification, that’s likely interference with your rights. You should contact a family and medical leave attorney immediately to ensure compliance and protection.
Pregnancy, Disability, and Overlapping Leave Laws
California employees who are pregnant or recovering from childbirth have additional protections under the Pregnancy Disability Leave (PDL) law. This law provides up to four months of job-protected leave for pregnancy-related disabilities. You may also take CFRA leave for bonding after your baby is born, meaning your total protected time off could exceed four months.
Employers sometimes incorrectly deny leave requests by claiming the employee has “used up” all available time under one law, without considering overlapping protections. That’s unlawful.
What to Do If Your Leave Request Is Denied
If your employer denies your properly documented request, don’t assume their decision is final. Take these steps immediately:
- Request a written explanation. Ask your employer to clarify why the leave was denied.
- Verify your eligibility. Confirm your length of employment and hours worked.
- Check your documentation. Ensure your medical certification meets legal requirements.
- Consult an attorney. A lawyer can assess whether the denial is lawful and advise on next steps.
At Lawless, Lawless & McGrath, we’ve successfully represented employees across California in FMLA and CFRA interference and retaliation claims. Our goal is to help you secure the time off you’re entitled to and hold employers accountable.
Employer Retaliation After Leave Requests
Even if your leave is approved, retaliation can still occur through reduced hours, exclusion from meetings, or job duty changes. Both FMLA and CFRA strictly prohibit retaliation of any kind. Document every incident and contact an attorney immediately.
Why Legal Representation Matters
FMLA and CFRA cases often hinge on documentation and timing. Employers may disguise unlawful actions as business needs or performance issues. Having experienced legal representation ensures your rights are enforced.
At Lawless, Lawless & McGrath, we represent employees throughout California and understand the tactics employers use to delay or deny valid claims.
Next Steps: Protecting Your Rights
If your employer denies your leave request despite proper documentation, you may need to file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC).
To discuss your situation, contact Lawless, Lawless & McGrath for a confidential consultation. We’ll evaluate your eligibility, review your documentation, and help enforce your rights.
Your health and family come first. With the right legal support, you can take the time you need without fear of retaliation.