Legal Question in Employment Law in California

Unpaid time off notification

On 1-2-07 I sent a notification to my employer that I needed to have the following dates off (1-15-07, 1-29-07, 2-12-07 and 2-26-07)unpaid to take care of various personal matters. Late in the afternoon Friday 1-12-07 my supervisor sent me an email to discuss this with her. I called her and she was trying to force me to give the reason(s) for taking the time off. I told her it was personal and that is all I could tell her. She is very nosey and became irate and sent me an email that it was not approved. I told her I was not asking for pay just the opportunity to make up the time later in the week as has been granted in the past to myself and other (female) employees in the office. I am the only male in the office. The she started saying things like it looks like you only want a four day work week, etc. to which I responded that is not the case at all I just need time off during the week to take care of various personal items. To date she has not returned my original form I sent to her. I hae requested it be returned showing that all of the dates were disapproved but she refuses. My reasons for time off were for medical and legal reasons. Does an employee have to tell his boss his reasons for needing time off?


Asked on 1/22/07, 10:34 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Unpaid time off notification

Well, duh. The employer has a right to know, subject to prying into intimate and personal details. They don't have to provide personal time off, and could terminate you for taking off without approval. They can require Sick days be verified by dr notes, etc.

IF you are trying to claim a need for real FMLA leave, you have to do so properly with medical verification. Then, a qualified employer would have to accommodate such request for reasonably necessary leave.

IF you are saying there is actually gender discrimination in denying a male the same treatment as the females, you need to substantiate your claim, and talk to counsel to see if it rises to the level that you can make a valid claim. Feel free to contact me if you think so. Employment law has been a specialty for over 20 years.

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Answered on 1/30/07, 3:44 pm


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