Under California employment law, pregnancy is considered a temporary disability. Hence, it is regarded as a protected attribute. Therefore, discrimination against pregnant employees can qualify as sex-based and disability-based discrimination.
That said, pregnant employees have many employment protections and benefits, including filing for a leave.
Let's look at how that works and what your right to file an employment leave is, as experienced by prescreened California Employment Law Attorneys:
How Pregnant Employees Can Take Leave From Work In California
Under California's Pregnancy Disability Leave Act, pregnant employees who work for an employer with five or more employees may be eligible for unpaid time off. This law permits pregnant workers to take up to four months of pregnancy disability leave to cover the time they are disabled or unable to work as they usually would.
After all, employees will experience difficulties due to pregnancy, childbirth, or associated medical issues. Pregnancy-related incapacity to execute a necessary job function without endangering the employee's health or her unborn child is referred to as a handicap.
What Laws Protect Pregnant Employees In California?
The California Family Rights Act (CFRA), which offers an additional 12 weeks of unpaid leave to parents of newborn children who meet the CFRA's eligibility standards, is in addition to the leave provided to care for a sick infant or to connect with a new child during pregnancy. In addition, the federal Family Medical Leave Act (FMLA) and California state law permit going on leave simultaneously.
Employees are granted job-protected leaves under the following:
- The Pregnancy Disability Leave Act
- FMLA
- CFRA
If you think you have an employment claim, consider contacting a prescreened California pregnancy discrimination lawyer before proceeding. A Los Angeles employment lawyer can review your case, help with the investigation, gather proof, and represent you in negotiations and in court.
Can Employers Fire Pregnant Employees In California?
The employer is prohibited from interfering with an employee's right to leave or taking adverse action against an employee who requests or uses pregnant disability leave.
The employee's leave cannot be considered when making choices about their job, including whether to fire them, promote them, or reinstate them.
If your labor law rights have been violated, you should consult with a prescreened employment lawyer in California ASAP. Depending on your claim, you might be eligible for economic and non-economic loss compensation.
What Are The Accommodations Pregnant Employees In California Are Entitled To?
A pregnant employee's request for a reasonable accommodation from her employer to carry out her job obligations while pregnant or dealing with a relevant medical condition must comply with the guidance provided by her doctor.
Note the keyword is "reasonable." You can request accommodations and get them as long as it doesn't cause undue difficulty for the employer. If the employer cannot afford your request, they need to work with you to find the next best solution and help you at work.
Pregnant workers may be entitled to reasonable accommodations from their employers, such as a decrease in the weight they must lift, more restroom breaks, or a transfer to a less demanding role.
Hire The Best Labor Law Attorney In Los Angeles!
Employment law claims require eligibility, paperwork, and necessary steps to ensure their success. An employment law attorney in California can help you through this complicated process to ensure you're making the right legal decisions.
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