Can my employer deny my child bonding time?

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Can my employer deny my child bonding time?

I put in my request for child bonding
more then 30 days ago witch I thought
was more then sufficient time and my
employer told me I was denied the time
off due to staffing needs but I think
state law says I cannot be denied so
that’s my question is it legal for my
employer to deny me this time I live in
California…

Asked on October 13, 2016 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the child is a newborn, you are entitled to this time under either federal (FMLA) or state (CFRA) law, IF you and your employer both qualify:
1) The employer must have at least 50 employees who work within a 75-mile radius.
2) You must have worked there at least one year and worked 1,250 hours in the last 12 months.
If either 1) or 2) do not apply, you are not legally entitled to the leave--it's at your employer's free choice or discretion and they could choose to deny it. 
If 1) and 2) do apply, they should have to give you the leave, and if they don't, you could contact the state department of labor to file a complaint.


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