Legal Question in Medical Leave in California

I live in California and I became eligible for FMLA/CFRA after I had my baby and he was 3 months old. I know I have to use all my baby bonding time before my son turns one. My son turns one on January 2, 2015. I want to use my baby bonding during Christmas and into the New Year right before my baby turns one. Can my employer deny that request because it is a busy holiday? I work as a manager at a restaurant. If I do not use it by January 2, 2014 I will lose all the bonding time I have because my son will be one. Can my employer legally deny my request to use the remaining baby bonding time even though if they don't allow me to use it I will lose it?

Thank You


Asked on 9/03/14, 2:25 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

If this is a 'qualified' employer, and you are a 'qualified' employee, then they are supposed to reasonably accommodate your request. You have given them plenty of notice to arrange alternative scheduling, so they shouldn't have any grounds to deny. If they fail to accommodate you, then feel free to contact me if you are serious about hiring counsel to help you in this.

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Answered on 9/04/14, 9:44 am


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