Legal Question in Disability Law in California

Under California law, women cannot be penalized for taking maternity leave. As long as there are no medical restrictions you should have been placed back in the same or similar position, without any reduction in pay, unless, of course, it was due to a business necessity having nothing to do with your maternity leave.

You should consult with an employment law attorney in your area, to evaluate your case and to discuss your legal options, or you can file a complaint with the California Dept. of Fair Employment and Housing, or do both.

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 you think you qualify and can prove they failed to do so under those rules, feel free to contact me. The 'reasonableness' of your hours upon return is the issue they will have to defend by 'business necessity'.