Legal Question in Disability Law in California

pregnancy disability leave

Can I have my temporary pdl extended after birth due to postpartum depression? I work in a call center, and if I get ppd after my delivery, I don't think I will be stable to handle any of the high stressful calls or physically be there, I have a history of depression and being anemic after pregnancy. I'm aware that I won't qualify for fmla or cfra.


Asked on 12/12/08, 2:08 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: pregnancy disability leave

If and when you are denied legally protected leave, or are illegally discriminated or retaliated against, then you can consider 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, and must allow up to 4 months of unpaid pregnancy leave under FEHA.

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, 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 fire you.

Now, if they violate those rules, contact me for the legal help you'll need.

Read more
Answered on 12/12/08, 2:43 pm


Related Questions & Answers

More Disability Discrimination Law (ADA) questions and answers in California