Whether an employer can deny time off requests in Phoenix, AZ, depends on why you request the leave and other factors. Arizona is an at-will work state. Employers can fire employees if they take time off that was not approved.
For example, individual employers set vacation policies for their company. The vacation policies are provided in an employee handbook or by other means. The employer may reserve the right to deny vacation requests based on the policies, including the reasonableness and timing of the request, seniority, employment contracts, and other policies.
Several federal and state laws provide for protected paid and unpaid leave. Employers violate an employee’s rights by denying time off protected by law. Examples of federal and state laws that protect paid time off include:
The Family and Medical Leave Act (FMLA)
FMLA is a federal law. It protects eligible workers from wrongful termination and employer retaliation if they take protected leave. Employers with at least 50 workers within a 75-mile radius are subject to the provisions of FMLA.
Employees must have worked for an employer for at least one year or 1,250 hours during a 12-month period to qualify for unpaid leave under FMLA. The worker can take up to 12 weeks of unpaid leave per 12 months for covered family and medical matters, including:
- Recovering from a serious medical condition
- Preparing for family member’s military deployment
- Providing care for a family member who sustained an injury or serious illness during active military duty
- Providing care for a family member who has a serious health condition
- To bond and care for a newborn or newly adopted child
- To bond and care for a new foster child
An employer cannot interfere with an employee’s FMLA leave. Employees should be returned to their former positions with the same pay and benefits when they return from leave.
Arizona’s Fair Wages and Healthy Families Act
The Fair Wages and Healthy Families Act (Proposition 206) provides eligible employees paid sick or leave time. As of July 1, 2017, most employees in Arizona became entitled to accrue paid sick time. Companies with less than 15 employees can accrue or use 24 hours of paid sick time yearly. Employees with larger companies can accrue or use up to 40 hours of paid sick time yearly.
Employees can earn at least one hour of paid sick time for every 30 hours of work up to 40 hours a year. With very few exceptions, full-time, part-time, seasonal, and temporary employees are entitled to accrue sick leave. Exceptions include babysitters, people employed by a parent or sibling, and federal or state employees.
Other Laws Protecting an Employee’s Right to Take Time Off Work
Numerous federal and state laws protect an employee’s right to take time off work. Examples of protections for employees taking time off work in Arizona include, but are not limited to:
- Arizona’s Crime Victim Leave Law allows crime victims to take unpaid leave to attend certain court proceedings or obtain a protective order
- Arizona law allows an employee three hours to vote in primary and general elections if they do not have three hours before or after work to vote when the polls are open.
- The federal Uniformed Services Employment and Reemployment Rights Act protects a service member’s right to take time off for active duty.
- Arizona must provide employees with unpaid leave to serve on jury duty and cannot discriminate if an employee requests time off for jury duty.
- The Pregnancy Discrimination Act is a federal law that prohibits discrimination based on pregnancy or maternity leave, but Arizona does not have a maternity or paternity leave law.
Laws related to a worker’s time off may have numerous requirements for the employee and the employer. Before assuming you are entitled to the right to time off, seeking legal advice from an attorney is best.
What Should I Do if I Believe My Employer Unfairly Denied a Time Off Request in Phoenix, AZ?
If you believe your employer violated your rights or unreasonably denied a request for time off, consulting with a Phoenix employment lawyer can be the best way to protect your rights. A lawyer can review the circumstances involved in your situation and explain the law that applies in your case. Depending on the factors involved, you may have one or more legal options to resolve the matter or seek compensation for damages.
Learn More During a Consultation With Our Phoenix Employment Lawyers
Our Phoenix employment law attorneys at Houk Employment Attorneys handle all employment disputes in Arizona. We represent workers and employers in these matters. Contact our office to speak with one of our attorneys about your situation.
Contact the Phoenix Employment Attorneys at Houk Employment Attorneys Today For Help With Your Case
For more information, please contact an experienced employment attorneys at Houk Employment Attorneys to schedule an initial consultation today. Our employment law firm is conveniently located near you. We have an office in Phoenix, AZ.
Houk Employment Attorneys
1850 N Central Ave Suite 2010, Phoenix, AZ 85004
(480) 569-2377
