California Employment Law

Have California Employment Law Questions? Ask a Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

California Employment Law

Can an employee request FMLA to take off for holidays. Part

Customer Question
Can an employee request FMLA...
Can an employee request FMLA to take off for holidays
JA: Have you documented this or discussed it with HR?
Customer: Yes
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Part time
JA: Anything else you want the lawyer to know before I connect you?
Customer: I already gave hime time off for family bonding and he took his family on vacation to Greece. Now he wants c3 major holidays off I need to know if I'm required to grant it
Submitted: 28 days ago.Category: California Employment Law
Show More
Show Less
Ask Your Own California Employment Law Question
Answered in 4 minutes by:
11/19/2017
California Employment Lawyer: Dwayne B., Attorney replied 28 days ago
Dwayne B.
Dwayne B., Attorney
Category: California Employment Law
Satisfied Customers: 34,170
Experience: Began practicing law in 1992
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Ask Your Own California Employment Law Question
California Employment Lawyer: Dwayne B., Attorney replied 28 days ago

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", "where is my answer", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

Ask Your Own California Employment Law Question
California Employment Lawyer: Dwayne B., Attorney replied 28 days ago

Is he asking for them for any reason other than it is the holidays?

Ask Your Own California Employment Law Question
Customer reply replied 28 days ago
Only tells me he is allowed by law to take the time off as long it's before his daughters first birthday
California Employment Lawyer: Dwayne B., Attorney replied 28 days ago

No, that's not quite right. The Department of Labor has a fact sheet which I will give you a link to but the DOL states as to the first year of a child's life:

"An employee's entitlement to FMLA leave for birth and bonding expires 12 months after the date of
birth. Both mothers and fathers have the same right to take FMLA leave for the birth of a child.
Birth and bonding leave must be taken as a continuous block of leave unless the employer agrees to
allow intermittent leave."

However, California has its own version of the FMLA known as the California Family Rights Act (CFRA) and its requirements are a little different. There is no requirement that employer agrees to intermittent leave. Basic minimum leave duration is two weeks for CFRA-only baby bonding leave. But employer must grant a request for leave of less than two weeks’ duration on any two occasions (or in other words, twice).

So if the employee has made a request "pursuant to the FMLA" then he probably hasn't met the requirement.

Ask Your Own California Employment Law Question
California Employment Lawyer: Dwayne B., Attorney replied 28 days ago

Let me see if I can find something similar to the DOL fact sheet which specifically applies to the CA law for you to use as a reference.

Ask Your Own California Employment Law Question
California Employment Lawyer: Dwayne B., Attorney replied 28 days ago

It's not as broad as he is saying.

Ask Your Own California Employment Law Question
California Employment Lawyer: Dwayne B., Attorney replied 28 days ago

Just to make sure you're covered by the law, you do have

1) 50 part- or full-time employees on payroll within 75 miles of the worksite where the employee requesting the leave is employed and

2) the employee has worked 1,250 hours in the 12-month period immediately before the date the CFRA leave is to begin and

3) The employer has worked at least 12 months in total for the employer?

Ask Your Own California Employment Law Question
California Employment Lawyer: Dwayne B., Attorney replied 28 days ago

One way to phrase the intermittent leave requirement following a birth is "Basic minimum leave duration is two weeks for CFRA-only baby bonding leave, but employers must grant a request for leave of less than two weeks' duration on any two occasions."

Ask Your Own California Employment Law Question
Customer reply replied 28 days ago
He only works 3 days a week. I don't think that he meets that one requirement but the others yes
California Employment Lawyer: Dwayne B., Attorney replied 28 days ago

He must meet all the requirements to be eligible for any leave under FMLA or CFRA. If you are talking about #2 that averages about 25 hours a week. If in doubt, take the last year's pay stubs prior to him asking for any time off to a local lawyer and let them do the calculations for you and send you a "letter opinion".

The DOL fact sheet is at https://www.dol.gov/whd/regs/compliance/whdfs28f.pdf

There is another one put out by someone else at https://www.whittier.edu/sites/default/files/media/offices/human_resources/employee_information/PDF_HR_EmployeeInfoForms_FamilyandMedicalLeaveActPolicy.pdf

The second one explains the CFRA and the differences between the two.

The main issue is that he can't just take time off a day at a time, etc. He is limited, if he is claiming bonding time, to two times off of less than two weeks but the remainder of the time must be in time amounts of two weeks or greater.

If he isn't giving you a specific reason for wanting off or citing a specific law have the same lawyer write him a letter explaining his request is deficient. The lawyer will know how to phrase it to protect you.

My guess is the employee is reading the internet but doesn't understand what it is saying.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Ask Your Own California Employment Law Question
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B.
Dwayne B., Attorney
Category: California Employment Law
Satisfied Customers: 34,170
34,170 Satisfied Customers
Experience: Began practicing law in 1992

Dwayne B. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

LawTalk

LawTalk

Attorney

1,285 satisfied customers

I have 30 years of experience in the practice of law, including employment law and discrimination law.

Tina

Tina

Attorney

923 satisfied customers

JD, 17 years experience & recognized by ABA for excellence in employment law.

Brandon, Esq.

Brandon, Esq.

Lawyer

348 satisfied customers

Has received a certificate of recognition from the California State Senate for his outstanding legal service.

melissamesq

melissamesq

Attorney

47 satisfied customers

Represent clients to maximum recovery in employment cases.

legalg

legalg

Other

31 satisfied customers

General Practitioner. Research Attorney

Attorney2020

Attorney2020

Lawyer.

69 satisfied customers

I have significant experience in employment law.

Legal Counsel

Legal Counsel

Lawyer

32 satisfied customers

California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.

< Previous | Next >

Related California Employment Law Questions
URGENT! I speak for the entire teacher staff at the Rim
URGENT! I speak for the entire teacher staff at the Rim Unified School district in Lake Arrowhead. Our Administrators and Board of Directors are proposing that the teachers get a pay-cut (up to 10%), … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am a tenured teacher in California who was retaliated
I am a tenured teacher in California who was retaliated against by my employer for receiving workers compensation. I filed a grievance for being transferred and won. I am currently getting getting wor… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
6,465 satisfied customers
I've been suspended from work as from 14th October, we had a
I've been suspended from work as from 14th October, we had a family accident at home over a year ago before I started work with this company. The police said it was a an accident and was not charged, … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,905 satisfied customers
MY COMPANY FILED 363/CHAPTER 11. CALIFORNIA YES IT WAS FILED
CALIFORNIA YES IT WAS FILED AND A NEW BUYER HAS BOUGHT THE COMPANY … read more
socrateaser
socrateaser
1,031 satisfied customers
My previous employer is stating that I violated a contract
My previous employer is stating that I violated a contract agreement of confidentiality by posting my job and duties on Linkedin. Their contract was vague and I want to know if they have any grounds t… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
948 satisfied customers
I am a California-based at will employee out on a paid
I am a California-based at will employee out on a paid medical leave since the end of October. My return to work date is next week, but I am not planning to return. Is there any risk in resigning my p… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
One of the investors for my previous employer loaned me
one of the investors for my previous employer loaned me $8000 3 years ago. I quit the company 2 months ago and they owe me $42,000 in payroll checks. Can that investor come after me for the $8000 even… read more
legalg
legalg
Other
Juris Doctorate
31 satisfied customers
I was wondering can a court ordered handwritten mediation
Hi, I was wondering can a court ordered handwritten mediation settlement agreement be rescinded? … read more
legalg
legalg
Other
Juris Doctorate
31 satisfied customers
I am an Executive Director who was placed on 60 days unpaid
I am an Executive Director who was placed on 60 days unpaid administrative leave in Colorado. Can I seek other employment while I am waiting for the non profit board to fire me? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
My employer makes me use thier gas card all the time.
My employer makes me use thier gas card all the time. Personal days , vacation etc. The car I use is my own and yet I have to take deductions from my paycheck from a national average gas rate they com… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I was terminated from my employer after 31 years due to a
I was terminated from my employer after 31 years due to a non intentional mistake - my medical certification expired and both my employer and myself didn't notice the mistake until about 20 days after… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Can i prosecute my employer for wage theft violations not
Hi Good Afternoon can i prosecute my employer for wage theft violations not limited to but including 496pc and 484pc? Here is my theory see if you agreed? I have met my standards of proof right now th… read more
Dwayne B.
Dwayne B.
Attorney
34,170 satisfied customers
A California employer has an office in Ohio. The California
A California employer has an office in Ohio. The California employer wants to periodically bring in employees from Ohio to its California office for training and other business activities. Under CA la… read more
socrateaser
socrateaser
1,031 satisfied customers
Thanks so much for your answers re travel expenses for
Thanks so much for your answers re travel expenses for employees of a CA company that wants to bring its Ohio office employees to the CA location for training and other activities.Based on your answer… read more
socrateaser
socrateaser
1,031 satisfied customers
My company is moving our office to a new city. The city they
My company is moving our office to a new city. The city they are moving to is now very hard for me to commute to. I am not able to take mass transportation anymore and driving is too long for me. Do y… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I'm a physical education teacher and we a disrespect
I'm a physical education teacher and we a disrespect question from an aid to a teacher. I went in an made a complaint about the aid but there was not anything done. About two weeks later we had a situ… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,155 satisfied customers
I work for a company in California that is inc and pays me
I work for a company in California that is inc and pays me salary plus bonuses. They owe me bonus money, but cannot afford to pay me the 20,000 they owe me. They want to add the amount on a w-2 and th… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I am an excempt employee, non-union working for a non profit
Second opinion] I am an excempt employee, non-union working for a non profit agency. My mother who resides in South Africa has taken ill and I requested two months leave, which my boss granted me. I h… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x