Expectant mothers have employment rights under California law to take leave when necessary. The California Family Rights Act and the federal Family Medical Leave Act as well as the California Pregnancy Disability Leave Law and the Fair Employment and Housing Act all have provisions to protect pregnant employees. It is important for employees understand what rights they have to medical leave and when these rights have been violated under any of the above statutes. Orange County pregnancy leave lawyers at the Serendib Law Firm can help you assess your situation and whether you were denied proper time off for your medical condition, as well as what legal recourse you have. Our firm is committed to making sure employees receive the care they need and that their employers do not take advantage of them in that time. If you have questions about pregnancy leave and need legal guidance, contact the Serendib Law Firm today to find out more how we can help.Employees’ Rights to Pregnancy Leave
Both the California Family Rights Act (CFRA) and the Family Medical Leave Act (FMLA) give a yearly allotment of 12 weeks of unpaid leave for medical reasons, which can be taken intermittently as needed. However, recent changes in the CFRA expand the pool of employees who are eligible under the statute. Whereas the CFRA used to apply only to companies with 50 or more employees, like the FMLA, it now applies to private employers with five or more employees. The FMLA and the CFRA both grant an employee’s leave for their own serious medical condition as well as that of certain family members. Another recent change in the CFRA includes a much more expansive definition of ‘family member’ than it did previously as well as than which is included in the FMLA. If you have questions about whether or not you are entitled to leave to take care of your family member, or about any other provisions, a knowledgeable pregnancy leave lawyer in Orange County can help you determine your options.
Under California’s Pregnancy Disability Leave Law (PDLL), full-time employees are granted four months of leave for pregnancy-related disability, childbirth, and related medical conditions. The PDLL can provide supplemental time for employee’s who need leave for a pregnancy-related disability, as the CFRA only allows for 12 weeks of baby-bonding time and does not cover pregnancy disability or childbirth. Although not technically a specific ‘leave law,’ the Fair Employment and Housing Act (FEHA) requires employers to make reasonable accommodations, which include allowing for a leave of absence, for employees with physical or mental disabilities, which includes pregnancy-related disability. The FEHA does not impose a specific time period for leave, which means employees who need more time may take it under the statute. However, in some circumstances, the prolonged leave may lead to an employee losing their right to be reinstated to their position. Consulting an experienced Orange County leave attorney is important to make sure your rights are properly preserved.
When an employer violates an employee’s rights under the CFRA, FMLA, or PDLL, that employer should be held accountable. There are two ways in which violations can occur - the employer can interfere with an employee’s leave, or an employer can engage in retaliation against an employee who has taken due leave. Interference does not require an employer to intentionally prevent an employee from taking their entitled leave. The denial alone is enough to give rise to a claim. Interference can also be in the form of termination of an employee while they are on leave, or failure to reinstate the employee when their leave ends. For a retaliation claim, an employee must establish eligibility to take the requested leave, that they exercised the right to take leave, and that the employer took an adverse action against the employee as a result. Some of these claims might be complex and require investigation into an employer’s business practices to show discrimination or retaliation. Seeking assistance from a seasoned pregnancy leave lawyer in Orange County can make the difference in ensuring your case is handled appropriately.Employment Lawyers Serving Southern California
Taking the time away from work to deal with health issues should not come with added stress of worrying your job won’t be there when you are ready to return. That is why federal and state law have protections for pregnant employees so that they know they have the right to take leave when necessary. If you have been denied proper pregnancy leave, or have been discriminated against for taking time you are legally entitled to, the Orange County pregnancy leave attorneys at the Serendib Law Firm can help you pursue claims against a responsible party. Our firm represents employees throughout Southern California, including Orange, Los Angeles, San Bernardino, and Riverside Counties. We are dedicated to fighting for employees’ rights and work tirelessly to make sure you are not mistreated at work. If you have questions regarding your legal options, please contact our office at 1-800-LAW-8225 (800-529-8825) or online today to find out more.