Pregnant employees must be treated the same as any other employee and employers can be held liable for their misconduct. Pregnant women are protected at all times during their employment, beginning at the hiring process and extending to cover compensation, job benefits, and termination. Although the law prohibits discriminating or retaliating against pregnant employees, many business owners continue to violate the law.
You may want to speak to a Work Justice attorney if you have experienced any of the following:
Demotion before, during, or immediately following your leave
Removal of responsibilities or write-ups in retaliation for your pregnancy
Termination before, during, or following your leave
Interference with FMLA or paid maternity leave
Other discriminatory treatment
Many pregnancy discrimination cases are related to a pregnant woman’s right to maternity leave. If an employer makes unlawful demands related to your maternity leave, you have every right to seek justice. We hold employers accountable for pregnancy discrimination and violations of the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), and or the Fair Employment and Housing Act (FEHA).
There are generally three types of maternity leave in California:
Pregnancy Disability Leave
when an employee has a disability related to her pregnancy or birth of her child, she can receive up to four months of maternity leave while that disability continues, so long as certain requirements are met
employees who work for employers with 5 or more employees are entitled to take 12 weeks of family leave to bond with their child, so long as certain requirements are met
Reasonable Accommodation Leave
an employee who has become disabled by pregnancy must be accommodated be the employer, including allowing further time off work
California law allows leaves to be taken consecutively thereby allowing up to seven months of maternity leave. More time is allowed if additional leave time would be considered a reasonable accommodation for the employee’s pregnancy-related disability. However, it is important to note that these leave laws apply to covered employers with at least 5 employees. Family Leave only applies to employees that have worked more than 12 months for the employer prior to the date that the period of leave is taken and employees must have worked at least 1,250 hours for the employer in the past 12-month period.
Please contact us to speak with a Work Justice lawyer if you think you are the victim of pregnancy-related abuse, harassment, discrimination, or negligence.