How can a supervisor determine if a request for vacation qualifies as family and medical leave without invading an employee's privacy?
It will not always be possible to know if a request for vacation should really be considered as family and medical leave and covered under the FMLA and CFRA. However, since vacation is granted based on the department’s operational needs, a department may postpone an employee's request for vacation due to staffing requirements if the employee has not specifically requested vacation for a family and medical leave qualifying reason.
The employee will need to provide sufficient information to establish a qualifying reason under FMLA/CFRA so that the supervisor is aware of the employee's potential entitlement (i.e., that the leave may not be denied). The employee's request can then be reviewed as a potential family and medical leave and eligibility under FMLA/CFRA assessed.
