If an employee requests FMLA leave for a reason that is not covered by the law, their request may be denied. An employer may deny an employee's request for FMLA leave if the employee has already exhausted their available leave under the FMLA or CFRA.
Employees are eligible to take FMLA leave if they have worked for their employer for at least 12 months, and have worked for at least 1,250 hours over the previous 12 months, and work at a location where at least 50 employees are employed by the employer within 75 miles.
In California, a worker may be legally entitled to guaranteed medical leave. This raises an important question of if your employer can fire you while you are out on medical leave. Technically speaking, the answer is yes. This is only true, though, if the reason for termination is wholly unrelated to the medical leave.
In order to be eligible to take leave under the FMLA, an employee must (1) work for a covered employer, (2) work 1,250 hours during the 12 months prior to the start of leave, (3) work at a location where 50 or more employees work at that location or within 75 miles of it, and (4) have worked for the employer for 12 ...
This blog post was authored by Jennifer Rosner. In a 2014 decision of the U.S. Court of Appeals, the Ninth Circuit Court in California held that an employee can affirmatively decline to use leave under the Family Medical Leave Act (“FMLA”).