Many California continues to worry about whether they can lose their jobs because they got pregnant or require maternity leave. The short answer to those questions is no!
Employers in the United States are not authorized to fire employees due to pregnancy or pregnancy-related conditions under the federal Pregnancy Discrimination Act (PDA) and Family and Medical Leave Act (FMLA).
Furthermore, maternity leave in California, more than everywhere else in the nation, has stronger regulations, and Orange County workplace lawyers are quite knowledgeable of your rights.
California’s Fundamental Maternity Leave Rights
The next question that several pregnant employees have is whether they are eligible for maternity leave. Usually, the answer is yes! Most employers fall under California’s critical pregnancy leave of absence statutes. You are entitled to maternity leave. Employers are not obligated to pay their employees while they are on maternity leave.
Although most California workers may not have a right to be paid by their companies during maternity leave, they do have a right to California’s state disability insurance. Interestingly, California law considers pregnancy-related illnesses to be impairments, and employees often claim disability insurance compensation while on leave.
Time to Bond With Your Baby
FMLA and the California Family Rights Act (CFRA) give leave rights in California. Specific requirements must be satisfied in order to be eligible for CFRA leave.
Within a 75-mile radius of the employee’s worksite, the person must work for a company with at least fifty employees. The individual must have served the company for at least a year.
In the previous year, the employee should have done at least 1,250 hours for the business. If the employees meet these conditions, they are eligible for twelve weeks of family and medical leave in twelve months.
Time Allowance for Pregnancy Disability in California
Pregnant employees in California are not only eligible for maternity leave for giving birth, but they also have the privilege to time off for pregnancy-related ailments.
The term “disabled” has a broad definition. California’s principal pregnancy discrimination statute, the Fair Employment and Housing Act (FEHA) apply to most firms with five or more employees, covering most enterprises in the state.
California’s pregnancy disability law, or PDL, is a law that mandates companies to offer female staff time from work if:
- Pregnancy has rendered her unable to function
- She is disabled as a result of childbirth
- She has a pregnancy or childbirth-related medical problem
- These include Pre and Postnatal care, preeclampsia, gestational diabetes, and more
As a result, the employee can take CFRA bonding time after taking up to four months of pregnancy disability leave, for a total of up to seven months of maternity leave, depending on the length of the employee’s pregnancy disability.
Is it Necessary to Take Maternity Leave All at Once?
California’s FEHA allows for up to four months of maternity leave for pregnancy and childbirth-related impairments. However, limitations are not always permanent.
Expectant moms can take a break for one trimester or in an emergency and then resume work when the baby is born. Intermittent leave is what it’s called, and it’s considered a reasonable accommodation. If you’re having any issues, contact workplace lawyers Orange County.
Employers must make reasonable adjustments for employees who seek them and who have been recommended by a healthcare provider. Your company will very certainly require a doctor’s note. Employers may consider a temporary transfer to a comparable position with equal salary and benefits if they foresee intermittent leave.
However, just because you’re expecting a child does not mean you can’t get fired. They have the authority to terminate you if you are a lousy employee. You can also go if your department faces layoffs. If you were dismissed while pregnant and believed it was because of your pregnancy, contact an Orange County Lactation Rights Attorney to look into your case.
Employees in California who take advantage of their right to maternity leave may not face discrimination due to their decision. After their maternity leave is over, they have the right to return to the same or a similar position. When you return, your employer is not entitled to reduce your pay; otherwise, contact an Orange County employment attorney.
How an Orange County Employment Lawyer Can Assist
If you suspect that you got fired due to your pregnancy, pregnancy-related disability, or maternity leave, you should schedule a free consultation with Orange County Lactation Rights Lawyer at Neal-Lopez Law Group. We keep abreast of the maternity and pregnancy laws and ensure that you are fairly treated and compensated.