Legal Question in Employment Law in California
A question on seniority and maternaty leave
I would like to know what are the laws that protect someone from going out on PDL ( maternity leave)and comeing back and regaining their seniority and pay?
2 Answers from Attorneys
Re: A question on seniority and maternaty leave
You should first consult with your HR representative and the company employee handbook. Normally, you should not be punished in any way for maternity leave. If you have actually suffered some type of demerit, then you should consider consulting with an attorney to review your options. If you are in the area and desire further consultation, please feel free to call our office.
Re: A question on seniority and maternaty leave
It is pretty simple. An employer may not discriminate against a woman because of maternity leave. This means that all of your benefits must remain intact, including no loss of seniority of other negative impact for having to take time off, of up to 4 months. This law is covered under the California Fair Employment and Housing Act. Federal law has an identical requirement.
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