Legal Question in Employment Law in California

Hello. My name is Karen Guardado and I am a nurse working in a nursing home who recently took maternity leave. Prior to my leave I was working part time 3days per week 7-8 shift. I am ready to return to work and I spoke to my supervisor last week. She told me I was set to comeback today 11/13/13 and resume my previous schedule. However, Yesterday she called me and said not to come in today after all because she had changed the schedule. When I asked her what the changes were she did not want to tell me and only said she would discuss the changes when I return to work on Thursday.

I overheard from a coworker who spoke to my supervisor that she is going to cut my days because they hired another nurses while I was gone.

My question is, is this legal? Can my employer cut my hours to give to another nurse she hired while I was on maternity leave?

Thank you for your time. My phone number is (323) 697-8599

Asked on 11/13/13, 10:14 am

1 Answer from Attorneys

Kristine Karila Law Office of Kristine S. Karila

If you worked part time, you probably were not eligible for FMLA or CFRA which protects your job and requires your employer to return you to the same or equivalent position, hours, etc. Nonetheless, it is unlawful for a CA employer of 5 or more employees to discriminate against you because of your gender/pregnancy. Call an employment law attorney to discuss. It is best to meet with your boss and find out what changes are made and why. Then, if you believe you are being discriminated against BECAUSE of your gender/pregnancy, call an employment law attorney to discuss. Many of us offer a free initial phone consultation.

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Answered on 11/13/13, 10:19 am

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