Legal Question in Employment Law in California

My wife and I lived in California till late last year, I moved for better Prospects to PA and wife's employer allowed her to work remotely for 4 Months on grounds of her being pregnant and to get time to spend with me for her last trimester of pregnancy. She is going through her maternity leave right now and my wife tried negotiating an extension from her employer to work remotely and that request got denied and her position would be terminated. What are her rights? Do we have any legal option to either let her keep her job on ground of pregnancy termination or what option do we have? This is not a mutual termination, so what are rights on demanding separation package?

Please let me know

Thanks


Asked on 4/21/14, 9:11 pm

2 Answers from Attorneys

Charles Perry Law Offices of Charles R. Perry

Everything depends on whether you can prove that your employer denied her request because of the pregnancy. If they denied the request for reasons other than the pregnancy (e.g., it was not working out, they discontinued the policy in general, there was a company reorganization independent of your wife's situation), then your wife has no rights to her job and no rights to a separation package (unless such a right existed under her contract).

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Answered on 4/21/14, 11:29 pm
Terry A. Nelson Nelson & Lawless

She has no 'right' to any separation package. She does have certain other rights.

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.

If your CA employer has at least 50 employees, and you are employed for at least 12 months and 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 [or must care for an immediate family member] because of a �SERIOUS health condition� [that is properly confirmed and documented by the doctor], continuation of any group health benefits, restoration to the same or an equivalent job upon return to work, with any accrued benefits. The employer can require you to use all accrued unused vacations and leave[s] as part of the 12 weeks, so as to make that portion 'paid'. The leave may be taken on reasonable intermittent basis if that need is properly documented by your medical provider. Being out sick with minor illness or injury does not fall within the protections. Neither does pregnancy unless with serious medical complications documented by your doctor.

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

If your employer has a written policy requiring they hold your job for you for a specific period of time while on disability, longer than the FMLA / CFRA rules provide, that is enforceable.

Allowing remote working would clearly be an "accommodation" within the discretion of the employer, but not necessarily 'required'. Depends upon the job requirements and company needs, and upon comparable treatment of other employees.

Now, if they violate those rules, contact me for the legal help you'll need. I'll be happy to do so. I've been doing these cases for over 20 years.

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Answered on 4/22/14, 11:44 am


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