What Are Your Rights?
Pregnancy is a CIVIL RIGHT. The law prohibits an employer from discriminating against you because you are pregnant, have a medical condition related to your pregnancy, gave birth to a child, or wish to breastfeed.
You employer must continue to pay for your health insurance while you are out on pregnancy leave.
Your employer must provide you with reasonable accommodation, such as a transfer to a less strenuous position, if you require such accommodation during your pregnancy.
You employer must allow you to use sick leave, vacation time, or other accrued time off for compensation during your leave.
How Much Leave Are You Entitled to Take?
In California, there are three laws that can apply to pregnant workers:
1) Pregnancy Disability Leave Law (“PDL”)
2) California Family Rights Act (“CFRA”)
3) Fair Employment and Housing Act (“FEHA”)
The amount of leave you are entitled to take depends on how many employees work for your employer.
For all Employees that Work for An Employer with 5 or more Employees:
The PDL enables you to take 4 months (17 1/3 weeks) off. After 4 months, you are entitled to return to your same position or an equivalent position.
Can I take more than 4 months to bond with my child?
Yes, but only for employees that work for an employer with at least 50 employees in a 75 mile radius. If you work for such an employer, the CFRA allows you to take an additional 12 weeks of leave to bond with you child so long as you have worked for your employer for more than 12 months and worked at least 1,250 hours of service during the previous 12-month period.
What if I am disabled and unable to return to work when my leave runs out?
If you work for an employer with at least 5 employees, the FEHA entitles you to be able to take an additional leave of absence so long as it does not create an undue hardship on your employer.
Brock & Gonzales specialize in pregnancy rights cases. If you feel your pregnancy rights have been violated, and would like to discuss your potential claims, please do not hesitate to contact our office to set up a free consultation.