California Maternity Leave Laws and Pregnancy Discrimination
What Working Mothers Need to Know about Maternity Disability
An expectant mother has more than enough to contend with without also dealing with the stress of her employer’s pregnancy discrimination. That is why there are discrimination and California maternity leave laws in place. They should help women who have been the victims of pregnancy discrimination fight back against their employers. If you or a loved one has been the victim of pregnancy discrimination that involved an employer refusing to hire, denying benefits or failing to provide reasonable accommodations because of a pregnancy, then an experienced discrimination attorney at our Los Angeles employment law firm can help. We have successfully represented hundreds of workers throughout California protect their workplace rights. This includes representing parents discriminated against because of pregnancy, after giving birth and those dealing with maternity disability.
Pregnancy Lawyer Explains California Maternity Leave Rights for Women
Pregnancy affects different women in different ways. As a result, maternity leave laws, such as the Fair Employment and Housing Act (FEHA) and the California Family Rights Act (CFRA), protect mothers needing maternity leave or pregnancy disability leave. For example, any eligible employee under the Family Medical Leave Act (FMLA) and CFRA can take California maternity disability pregnancy leave that includes:
- A pregnancy disability entitles an employee to up to four months of disability leave
- An employee can take leave during any period of time prior to or after birth that the woman is physically unable to work because of pregnancy or a pregnancy-related condition
- If her physician advises her, a woman can request a transfer to a less physically demanding or dangerous position during her pregnancy
- Upon returning from maternity leave or transfer, employees are required to be able to return to the same position they were in prior to their pregnancy leave or transfer
However, not all employers treat pregnant employees lawfully. These employers attempt to get away with mistreating pregnant women through their hiring, firing and management practices.
Examples of Pregnancy Discrimination
The Pregnancy Discrimination Act protects employees taking pregnancy leave or pregnancy disability leave from discrimination in the workplace. Common unfavorable treatment for women on California maternity leave include:
- Is it discrimination to not hire a pregnant woman? Yes, refusing to hire a woman who is pregnant as long as she is able to fulfill her job duties is discrimination.
- Is it legal for my employer to refuse to change my job duties during my pregnancy? Not allowing a pregnant employee to modify or perform alternative job duties if the employer allows other temporarily disabled employees to do so is pregnancy discrimination.
- Can my employer cancel my benefits while pregnant? No. Not providing benefits to an employee on pregnancy leave is discrimination if the employer provides benefits to employees on other types of leave.
Dealing with Pregnancy Discrimination or Employer Retaliation for Using Maternity Leave?
No employer has the right to mistreat an employee or potential employee due to pregnancy. Our California maternity leave discrimination attorneys can review your case during a free consultation. We can then guide you through the complexities of pregnancy disability or maternity leave laws. You should get the compensation you deserve. We can also guide new dads in their rights to maternity leave for fathers. Our law firm is ready, willing and able to help you. So, please contact our Los Angeles office today.