Legal Question in Employment Law in California

requested time off (revoked afterwards)

I had requested 10 days off without pay due to surgery for my 5 year old daughter. After submitting a request and approved by my supervisor, two days after the surgery I was told I had to report back to work or I would be terminated. Can they do this even after it was approved months in advance?


Asked on 7/23/07, 11:09 pm

2 Answers from Attorneys
Alden Knisbacher knisbacher law offices

Re: requested time off (revoked afterwards)

If you qualify for the CFRA -- you've worked more than 12 months and 1250 hours in the past year, your company has more than 50 employees in a 75 mile radius -- that would violate the CFRA. Even if you don't qualify for CFRA (FMLA), their telling you that you could take the leave and then firing you for taking it could be actionable. (But companys break the law all the time -- so the answer to "can they" is, yes.) The next question is whether you can sue over it if they do.

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Answered on 7/24/07, 12:53 am
Terry A. Nelson Nelson & Lawless

Re: requested time off (revoked afterwards)

Can they? Sure, people violate the rules all the time. IF you qualified for FMLA leave, apparently - since they approved it, then they have to give it to you. If they refused the leave or disciplined you for taking it, feel free to contact me to discuss your rights and remedies.

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Answered on 7/24/07, 1:13 pm


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