Whether during pregnancy or after the birth of a child, women have every right to take leave from work. California and federal labor laws guarantee women time off from work due to a pregnancy, to bond or care for a newborn, and for a disability related to the pregnancy. For example, under the California Pregnancy Disability Leave (PDL), which is a part of the California Fair Employment and Housing Act (FEHA), an employee who works for an employer with five or more employees may be eligible to receive leave up to four months due to pregnancy, childbirth, or related medical conditions and receive other reasonable accommodations for her pregnancy. In addition to PDL, a new parent, whether it is the mother or the father, may be eligible to receive leave of up to 12 weeks for baby bonding under the New Parent Leave Act (NPLA), which became effective January 1, 2018.
Before they can be eligible for pregnancy leave or new parent leave, employees must meet numerous, specific requirements, such as having worked for the same employer for 12 months and having worked at least 1,250 hours in the prior 12-month period. There are also federal pregnancy laws that overlap with California pregnancy laws, which may provide additional protections. Collectively, the pregnancy leave laws are designed to protect the jobs and job benefits of women who are or become pregnant during their careers and to level the playing field for men and women. But understanding the laws, and how they relate to one another, can be challenging for employees and employers alike. Our employment and labor law firm has assisted employees in Orange County, Los Angeles County, and elsewhere in California when they were deprived of pregnancy, disability, or medical leave. If you are an employee who is pregnant and your employer is not granting you pregnancy leave or other leave, contact us today.Orange County Labor Lawyer Jesse Singh Protects Employees Against Discrimination and Retaliation for Pregnancy Leave
Employees who are pregnant or disabled are guaranteed job-related protections. An employee who is taking pregnancy leave has the right to reinstatement to a comparable position, the right to continued health insurance coverage, and the right to disability accommodations, among other job benefits and protections. A pregnant employee is also protected against discrimination and retaliation for taking or requesting leave. Ignoring these legal protections, a California employer may make the business and financial decision to terminate an employee working in a Los Angeles boutique who is on pregnancy leave or demote a pregnant executive residing in Anaheim Hills, California before her leave is set to begin. The employer may claim that the reason for the termination or demotion was legitimate, such as an undue hardship or economic downturn. But if the employer is found by a trier of fact to have taken such adverse employment actions against an employee because of her pregnancy or disability, the employer could be held liable for massive money damages, including damages for emotional and mental distress suffered by the employee and punitive damages. The employer may also be required to reinstate the employee to the position she held in Los Angeles or Orange County before she was terminated. If you or your significant other have been mistreated based on a pregnancy or disability, contact Brea employment lawyer Jesse Singh, who has represented employees in lawsuits involving pregnancy discrimination and retaliation in California Superior Court and United States District Court.