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.

Featured

Wrongful Termination

Most employees in California are considered "at-will," meaning an employer can terminate their employment at any time and for any reason. Despite an employee's at-will status, California law allows an employee to bring a wrongful termination claim when...

Wage and Hour Violations

"Wages" are what an employer has promised to pay for an employee’s work. Wages could be an hourly rate, a yearly salary, commissions, travel time, housing, uniforms, vacation or sick pay. Discretionary bonuses or profit-sharing plans based on an employer’s profits are generally not considered wages.

Sexual Orientation Discrimination

It is unlawful sexual orientation discrimination when an employer terminates, demotes or fails to hire a person on the basis of that person’s sexual orientation. Sexual orientation includes heterosexuality, homosexuality and bisexuality, as well as gender identity and expression.

Sexual Harassment

There are two types of sexual harassment under the law. 1. Hostile work environment harassment - This type of harassment occurs in situations were there is unwelcome sexual conduct that creates and intimidating, hostile or offensive working environment. 2. “Quid pro quo” harassment - This type of harassment occurs when a job or a job benefit is conditioned upon sexual favors. In the typical case, an employee is promised better treatment, such as a promotion, transfer, raise or favorable recommendation, if the employee submits to sexual advances. It could also occur when a supervisor threatens an employee with termination, demotion or loss of other job-related benefits if the employee does not agree to sexual favors.

Severance Agreements

If you are laid off or terminated from your job, your employer may offer to pay you money or promise to do certain things when you leave the company. In exchange, you will most likely have to sign a document agreeing not to ever bring a claim against your employer in the future. That document is called a "severance agreement."

Retaliation

More than likely, a retaliation claim will be proved through circumstantial evidence, which may include...

Religious Discrimination

In California, it is unlawful for an employer to terminate, demote or refuse to hire any person on the basis of that person’s religion or is because that person is associated with someone i.e. spouse or family member who is a member of a particular religion - to do so is religious discrimination.

Race Discrimination

Race discrimination occurs when an employer treats an employee differently on the basis of the employee's race or the employee's association with a person of a particular race, i.e. the employee's spouse.

Medical Condition Discrimination

Medical condition discrimination occurs when an employer treats an employee with a covered medical condition differently in the workplace, or when an employer terminates an employee on account of their medical condition. Covered medical conditions include cancer, history of cancer, medical conditions related to cancer and genetic characteristics.

Meal and Rest Break Violations

Whether you are entitled to meal and rest breaks depends on whether you are an "exempt" or a "nonexempt" employee. Only nonexempt employees are entitled to meal and rest breaks. Typically, if you are paid a hourly wage or have no managerial responsibilities, you are a nonexempt employee and therefore entitled to meal and rest breaks.

Pregnancy Rights Violations

What Are Your Rights?

Can I take more than 4 months to bond with my child?

What if I am disabled and unable to return to work when my leave runs out?

for the employee, for the injured, for California