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Pregnancy-Related Leave FAQ

Your Rights to Pregnancy-Related Leave in Orange County

Pregnancy-Related Leave FAQ Employees have certain rights when it comes to taking leave due to their pregnancy, childbirth, and other pregnancy-related conditions. There are several federal and state statutes that allow for time off work in these circumstances. How much time you are entitled to take is dependent both on your employer, as well as your specific circumstances. Some common questions that arise when making these determinations follows. If you have further questions about what kind of leave you are owed, or if you have been improperly denied proper pregnancy-related leave, contact the Orange County employment law attorneys at the Serendib Law Firm today. We can help you explore your legal rights and options.

What are My Rights as a Pregnant Employee?

Firstly, it is illegal for an employer to discriminate against pregnant employees. This includes failure to hire, termination, demotions, or other adverse actions taken against employees due to pregnancy. Additionally, most employees have the right to three paid sick days off, which can be used for pregnancy-related illnesses such as morning sickness. If your employer has at least 5 employees, you are also entitled to further job-protected time off for pregnancy-related conditions.

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Do I Have to Tell My Employer About My Pregnancy?

No, you are not required to tell your employer you are pregnant. However, if you are requesting time off or reasonable accommodations to be made, it is advisable to let your work know as soon as possible. If you’ve notified your employer of your pregnancy and have suffered discrimination as a result, a qualified Orange County pregnancy discrimination attorney can help you assert your rights.

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What is Pregnancy Disability Leave?

Pregnancy disability leave is unpaid leave that you are entitled to both during your pregnancy and after to protect your health. Under the California Family Rights Act (CFRA) and the federal Family Medical Leave Act (FMLA), employees are entitled to 12 weeks of unpaid leave for medical reasons, including those related to pregnancy, during which your job is protected.

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Do All Types of Employees Have the Right to Pregnancy Disability Leave?

The CFRA applies to employers with five or more employees, while the FMLA only covers employers with at least 50 employees. As such in California, unless subject to other exemptions, if your employer has at least five employees (nationwide) you are entitled to leave under state law.

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Is Pregnancy Disability Leave Different From Child-Bonding Leave?

Bonding leave is another type of job-protected leave, that allows each parent to take 12 weeks in order to bond with a new child. To qualify for this leave, you must have worked for your employer for at least one year, and worked at least 1250 hours in the year before your leave starts. This also applies to employers who have at least five employees. If you believe you qualified for pregnancy-related leave and were improperly denied, it is important to speak with a knowledgeable Southern California employment law attorney as soon as possible to determine your legal options.

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Can I Take Both Disability and Child-Bonding Leave?

If you meet the above qualifications, yes. Pregnancy disability leave often begins four weeks before your due date, barring complications, and continues 6 to 8 weeks post-partum, depending on the manner of delivery. The timeframe of disability leave can also fluctuate based on your medical conditions. Recovery periods after birth, as well as any other determinations regarding how and when you need to take time away from work, are determined by your healthcare provider.

Bonding leave begins after you have recovered from your disability. This leave can be taken any time before a child turns one, or within the first year of placement for adoptive or foster parents.

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What Pay am I Entitled to During My Leave?

In California, you can receive up to 60 or 70 percent of your wages through State Disability Insurance (SDI) while on pregnancy disability leave. Paid Family Leave (PFL) provides 8 weeks of partial pay during bonding leave.

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Contact an Orange County Pregnancy Discrimination Attorney

Denying employees time off work that their entitled to due to pregnancy is unlawful discrimination. If you have questions or concerns about how your employer treated you during or after your pregnancy, please contact our discrimination lawyers at the Serendib Law Firm today. Our firm represents clients throughout the Southern California region, including Orang, Los Angeles, San Bernardino, and Riverside Counties. Call our office at 1-800-LAW-8225 (800-529-8825) or contact us online to speak with an attorney about your potential case.

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