Can we encourage an employee to take family leave at another time because their chosen time is inconvenient for us?

HRCalifornia

Protections under the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA) are strict. Be careful that you are not responding negatively to an employee’s request for leave to avoid chilling the exercise of employee rights and violating the CFRA and the FMLA.

The CFRA and the FMLA provide that an employer may not “interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under” the statutes. (29 Code of Federal Regulations, Section 825.220(a)(1); 2 California Code of Regulations, Section 11094(a)).

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