Legal Question in Employment Law in California

laid off while I was on leave delivering a baby

I delivered my baby on Aug. 8. I started to take my maternity leave on June 29. I was planning to go back to work on Nov. 23. However, I learned on Nov. 18 that I had been laid off because of company's reconstruction. My manager told me that because of reconstruction, the position I hold became redundant and was eliminated. He also told me that I was not fit for the position.

I suspect I was laid off because it took me too long to go back to work from my leave.

Could you give me some advise on this situation?

My doctor told me that I could take non-paid leave for up to four months starting from the day I delieved my baby (Aug. 8). The day Nov. 23 I was planning to go back to work was within this time period. Do I have a case to argue with my employer?


Asked on 11/28/98, 5:56 pm

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: laid off while on leave delivering a baby

Yes, you may have a case. California Law requires the employer to return you to your former position, or if that position is not available, to a substantially simmilar position. The employer has a high burden of proof for a defense based on the elimination of the job. You should contact a knowledgeable employment attorney and discuss your options. TP

Thomas Pavone

Mickelson & Pavone

16055 Ventura Boulevard, Suite 1130


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Answered on 1/14/99, 2:37 am


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