Legal Question in Employment Law in California

If and when you are refused accommodation, or you are denied legally protected leave, or are illegally terminated, discriminated or retaliated against because of requesting or taking the leave, then you may have legal claims.

If your CA employer has at least 5 employees, they can not fire you because you are pregnant, must allow you to continue working as long as you are able, must 'reasonably' accommodate your disability, must allow up to 4 months of unpaid pregnancy leave under FEHA, and return you to the same or an equivalent job upon return to work, with accrued benefits. That would include the same shift to accommodate your needs.

If your CA employer has at least 50 employees, and you are employed for at least 12 months, have at least 1,250 hours worked in the 12 months prior to the leave, then you would be eligible for 12 weeks of unpaid FMLA / CFRA maternity / medical leave when you are unable to work, continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits.

If you qualify for both, you get both. If you are out longer than those guarantees, they can terminate you.

Every case is determined upon its merits and all the facts. If you think you can prove they violated those rules, feel free to contact me.