The right to have a child is protected by state and federal laws and employers may not engage in conduct that discriminates against the pregnant employee. Pregnancy discrimination commonly occurs as a result of the employer who believes that the pregnant employee cannot effectively perform in the workplace. If you have been subjected to pregnancy discrimination, it is advisable to contact a San Bernardino/Riverside pregnancy discrimination employment attorney for a free consultation. The Law Firm of Fernandez & Lauby has been protecting the rights of pregnant workers and others since 1998. Call us at 888-959-8508 to schedule your free case review.
Pregnancy Discrimination in California - Pregnancy Disability Leave:
In California, the law is quite specific pertaining to the rights of pregnant employees. Employers who have a minimum of five full time employees must comply with the Pregnancy Disability Leave (PDL) laws. PDL provides that pregnant employees may take a maximum of four months of unpaid leave if disabled by pregnancy, childbirth or an associated medical condition. Time off needed for prenatal or postnatal care; doctor-ordered bed rest; gestational diabetes; pregnancy-induced hypertension; preeclampsia; childbirth; postpartum depression; loss or end of pregnancy; or recovery from childbirth or loss or end of pregnancy would all be covered by your PDL.
At the conclusion of PDL leave, employees are generally entitled to an additional 12 weeks of unpaid baby bonding leave under the California Family Rights Act (CFRA) if you have more than 12 months of service with your employer and have worked at least 1,250 hours in the 12-month period before the date you want to begin your leave. PDF and CRFA leaves run separately, meaning that your CFRA leave does not start until your PDL leave concludes.
Your employer also has an obligation to reasonably accommodate your medical needs (such as allowing more frequent breaks) and to transfer you to a less strenuous or hazardous position if it is medically advisable because of your pregnancy.
If you were denied pregnancy disability Leave, you may seek compensation from your employer.
Other Forms of Pregnancy Discrimination:
It is illegal for employers to discriminate against pregnant employees in any of the following ways:
- Benefits cannot be denied to pregnant employees
- Pregnant employees are entitled to the same conditions of employment as all other employees
- Pregnant employees must be provided with reasonable accommodations upon request
- If a pregnant worker requests a transfer to a position that is not as hazardous or strenuous as the present one, the employer must do so if it is reasonable
- Pregnant employees may not be terminated as a result of the pregnancy
- Employers are required to rehire the employee after the pregnancy in the same or similar position and the worker may not be discriminated against solely due to the pregnancy
Contact an Inland Empire Pregnancy Discrimination Attorney for a Complimentary Case Review:
The Law Firm of Fernandez & Lauby LLP offers a complimentary consultation to persons who were treated unfairly at work during their pregnancy or who have experienced other forms of work-related discrimination. Fernandez & Lauby are experienced trial attorneys who have represented thousands of clients since 1998. Cases that are accepted on a contingency fee basis require no upfront costs or legal fees and there are no legal fees unless we resolve your case favorably via settlement, court award, judgment or meditation. To schedule your free appointment in the Inland Empire/San Bernardino/Riverside area, call Fernandez & Lauby at 888-959-8508.