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Can an Employer Deny PTO?

Leaves of absence June 23rd, 2025
PTO- People walking up steps with a clock in background PTO- People walking up steps with a clock in background

Did you know that California employment lawyers can advise you on paid time off policies and employee vacation rights? At D.Law, we often hear clients ask, “Can an employer deny PTO?”

Learn about PTO laws in CA and a company’s legal obligations in this comprehensive guide.

Utilize Your Company’s PTO Policy for a Healthy Work-Life Balance

Many employers offer PTO as one of the main employee benefits. These policies vary for every workplace, with some businesses offering both paid sick leave and vacation days while others only allow unpaid leave.

If you’re able to take advantage of this benefit, you’ll find that it promotes employee well-being. Taking a break from the stressors of your job can help you recharge. Schedule personal days to achieve a delicate balance between work and leisure.

Employers Can Reject PTO Requests for Various Reasons

Businesses that provide staff with time off in any capacity usually have an approval process. You may use an online time tracking and payroll system that allows you to submit a digital request. Other employers may require a verbal request from workers about the days they need off.

As a general rule, many managers and companies grant employee vacation requests without asking further questions. However, you’re not always entitled to approval, depending on company policy.

Businesses have the right to deny an employee’s request for several valid reasons. So, when can an employer deny PTO?

The Day Off Impacts Business Needs

It’s not unheard of for businesses to limit when their staff can take vacations. For example, say companies within the retail sector thrive during the holiday season and can’t risk short staffing during this busy time. They can notify employees that PTO won’t be approved until the seasonal demand slows.

What if you’re set to train a new employee starting in two weeks? Your employer has a valid reason to deny your request because of pressing business needs. 

The Worker Doesn’t Provide Enough Notice

Imagine planning a week-long trip to a dream destination. Amid all of your travel preparation, you forget to formally let your boss know about your plans until just before you leave. How can they plan for your absence if you don’t give them reasonable time to do so?

Employers need advance notice if you intend to take multiple days off. You should give several weeks’ notice and try to compromise if they don’t approve your time off request.

The Leave of Absence Goes Against the Employer’s Policy

Let’s say your company provides 10 days off annually to enhance employee well-being and give staff a break from the workload. Rather than take a personal day every now and then, you decide to use all of your PTO on a month-long sabbatical. How can your employer deny time off in this scenario?

An employer’s vacation policy often outlines the standard practices for employee PTO requests. Trying to use more time than allotted may raise concerns and affect your employment relationship. Be mindful of the total vacation and sick days you may take within a calendar year.

Understand the Federal and State Labor Laws That Protect You

Under California labor laws, you don’t have a legal right to paid vacation. However, California employees do have a right to a certain number of sick days. And if the employer combines vacation days and sick days into a single bank of PTO, then the protections employees have from sick day laws would apply to the PTO. For example, in that scenario where PTO contains sick days also, PTO cannot be denied for medical reasons or doctor’s appointments.

California employers can offer PTO to staff or award unpaid time off at their discretion.

Can an employer deny PTO for any reason? Not quite.

The issues mentioned above usually justify a company rejecting an employee’s vacation request. However, there are some legal considerations for workplaces regarding denials. Check out what state and federal law says about paid leave.

Family Medical Leave Act

Employers across the United States, from small business owners to CEOs of major corporations, have no legal obligation to provide paid leave. However, they must grant up to 12 weeks of unpaid time off under the federal Family Medical Leave Act.

This legislation allows workers to request time off for broad medical reasons, including:

  • Welcoming a newborn child
  • Caring for a family member with a serious health condition
  • Personally dealing with a significant health issue

California Family Rights Act

Just like with the FMLA, the California Family Rights Act grants eligible workers 12 weeks of unpaid time off for family and medical reasons. Companies with more than 50 employees must abide by these regulations.

Paid Family Leave

Can an employer deny PTO? Not if you’re a part of California’s Paid Family Leave program.

This program replaces a portion of the wages you’ll miss due to a leave of absence. Apply for state-funded paid leave for reasons like childbirth, caring for ill relatives, or experiencing a qualifying military event.

Eligible workers will receive up to eight weeks of replaced earnings, which they can collect over a 12-month period. Staff can opt to take these eight weeks consecutively or in increments.

For example, a new mother may take all eight weeks at once to bond and care for her child. What about someone who has to care for a parent with a serious illness? They may continue to work but use PTO when their parent has doctor’s appointments.

What To Do Following a Denied Request

After a PTO request denial, you have a few options. Speak with your boss or human resources department first. HR professionals can review the company’s PTO guidelines and explain whether the denial is valid.

Try to compromise with your employer. This could mean agreeing to take your vacation at a different time or reducing the number of consecutive days you aren’t working.

Contact an employment lawyer if you believe your employer has unlawfully denied your request. Legal professionals understand the complexities of both federal and state labor laws. They’ll review the nature of your case and help you figure out the next steps.

Do You Need Legal Advice? Contact D.Law

Not only can an employer deny PTO, but they don’t have to offer any paid time off. It’s up to a California employment lawyer to determine when denying time off breaks the law.

At D.Law, our attorneys will advocate for you and help you understand your rights. Give us a call at (818) 275-5799 to schedule a free consultation.

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