Legal Question in Employment Law in California

This is very likely illegal. However, pregnancy discrimination is extremely fact specific and subject to several overlapping state and federal laws. For example, which laws apply to your particular situation will depend, in large part, on how large your employer is and how long you have worked for the company. It is imperative that you contact an employment attorney immediately. Please feel free to call our office at (213) 536-4236 for a free consultation.

If and when you are denied legally protected leave, or are illegally discriminated or retaliated against because of requesting or taking the leave, or you are refused accommodation, then you can consider legal claims.

An employer is not allowed to 'discriminate' against a legally defined "disability", including pregnancy, by any adverse employment action like termination, demotion, harassment, hostile environment, etc. An employer is obligated to provide 'reasonable' accommodation of a disability/pregnancy upon proper notice of valid medical requirements, if accommodation can be done without substantial burden to the company, and accommodation will allow you to still perform all the essential functions of your job. Violation is grounds for a lawsuit. Every case is determined upon its merits and all the facts.

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, 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 your doctor], continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits. The leave may be taken on reasonable intermittent basis if that need is properly documented by your medical provider. Being out sick with the minor illness or injury does not fall within the protections.

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

If your company has a 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.

Overriding those stated protections, just because you are on leave does not mean you can�t be terminated. You have no special exemption against lay offs or termination due to business reasons. A company in downsizing can lay off a FMLA / CFRA leave person, as long as they can show they aren�t targeting �because of the leave�. They are simply risking claims if they do.

Upon termination from employment, you are entitled to COBRA conversion of your medical benefits [if any], allowing you to pay for and retain your insurance coverage.

Now, if they violated 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.

Hello.

The above gentlemen are essentially correct. Just because your employer's own leave benefits are exhausted, doesn't mean they can circumvent your state and federal leave rights. C-section is likely to be considered a medical condition qualifying for extended leave. Thus, terminating you while knowing that you are on pregnancy related leave because you exhausted internal leave is likely to be unlawful.

Thanks,

Arkady Itkin

San Francisco & Sacramento Employment Lawyer

http://www.arkadylaw.com