FAILURE TO PROVIDE LEAVE
(MEDICAL, FAMILY, PREGNANCY, ETC.)
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Various California and Federal laws require employers to provide employees with either paid or unpaid sick leave, maternity leave, and various other leaves.
If your employer has refused to provide you with a requested leave, you may have a failure to accommodate case against your employer.
There is a requirement that your employer engage in an interactive process and try to work out a reasonable solution to accommodate you. If they don't, they can be held liable, and you may be entitled to damages.
Contact our experienced employment law attorneys who are experienced in employee leave issues.
Types of Protected Leave
California and federal laws protect several types of employee leave, including:
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Medical leave for serious health conditions affecting the employee
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Family leave to care for a child, spouse, parent, or qualifying family member
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Pregnancy disability leave related to pregnancy, childbirth, or recovery
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Disability-related leave requiring reasonable accommodation under disability laws
Employers may not deny, interfere with, or retaliate against employees for using legally protected leave.
What to Do if Leave Is Denied
If your leave request is denied, take immediate steps to protect your rights:
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Document all communications with your employer
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Request a written explanation for the denial
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Preserve medical records and leave paperwork
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Avoid quitting or returning early without legal guidance
A denial does not automatically mean your employer acted lawfully.
Frequently Asked Questions
Can my employer deny leave because it’s inconvenient?
No. Employer inconvenience is not a lawful reason to deny protected leave.
Can I be fired for requesting medical or family leave?
Termination for requesting protected leave may be illegal and considered retaliation.
Do I have to use paid time off before protected leave?
Rules vary. Employers may require PTO use in some cases, but protected leave rights still apply.
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