Can an employer deny FMLA? Did an employer fail to maintain your benefits?

Were you denied Vacation or PTO time?

Call Lawyers for Employee & Consumer Rights (LFECR). Tell Us YOUR Story.

Call for a Free Case Review

Denied FMLA Benefits


Both Federal and California Labor Laws require that employers allow employees to take up to 12 weeks of unpaid leave. When employees are denied FMLA benefits, some of the circumstances that constitute a violation include:


  • An employer prevents you from taking leave when you have a medical condition
  • An employer prevents you from taking leave when a family member has a serious medical condition
  • An employer fails to maintain your health, dental, and vision benefits throughout the full 12 weeks of leave to which you’re entitled
  • An employer claims to have no obligation to maintain your health, dental, and vision benefits throughout the full 12 weeks of leave to which you’re entitled
  • An employer makes it difficult or impossible to take personal or family medical leave
  • An employer treats you differently after having taken your lawful leave
  • An employer retaliates or discriminates against you for taking your lawful leave by, as one example, demoting you to a lesser job


If you believe your employer has not complied with the requirements for providing personal or family medical leave, you may have a claim.


Tell Us YOUR Story. Call and ask... "Can an employer deny FMLA?"

California PTO Laws

Employers are not required to provide vacation benefits or paid time off (PTO). But if they do, they must follow California PTO Laws.


Have you experienced any of the following:

  • Your employer has reduced earned vacation benefits during your employment
  • Your employer reduced any earned vacation benefits at the end of your employment
  • Your employer has a “Use It or Lose It” vacation benefits policy
  • Your employer has reduced any earned PTO (including sick days) during your employment
  • Your employer reduced any earned PTO at the end of your employment
  • Your employer restricts your use of paid sick leave to only certain times
  • Your employer doesn’t cash out your sick time at the end of your employment (only if you work in San Francisco)


Remember, once you earn vacation time or PTO, it’s just like any pay you’ve earned and it cannot be taken away. In fact, if you quit, get fired or laid off, you’re entitled to receive—as part of your final paycheck—the money value of all earned and unused vacation time.


If you believe that your employer has not complied with the applicable laws governing vacation time and PTO, as outlined above, you may very well have a claim. Take action now!


Contact LFECR today. Tell Us YOUR Story.

Call 323-716-1859
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Our Process

  • Call LFECR at 323-716-1859 or fill out the form below after hours.
  • If you’ve been denied FMLA or PTO, Tell Us YOUR Story.
  • We will walk you through the legal process and make sure that you have the best possible outcome.
  • When you call Lawyers for Employee and Consumer Rights, you may need to share your story several times with our legal team.
  • You’ll first speak with a Case Evaluator, who is collecting information that they will share with one of our Case Managers and Employment Lawyers.
  • We’ll explain the legal process and guide you along the way – so we can get you the justice you deserve. Call us today.
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