Los Angeles Employment Lawyer Answers Your California Maternity Leave Law Questions
Information About Pregnancy Leave, Disability And Discrimination
Both federal and California employment laws guarantee workers certain rights, including the right to take pregnancy leave. Many workers in Los Angeles who are pregnant or considering pregnancy may have questions about California maternity leave law, how much time off work they can receive and if they qualify for paid pregnancy leave in CA.
Kesluk, Silverstein, Jacob & Morrison, P.C. is an employment law firm in Los Angeles with decades of combined experience handling pregnancy leave laws, maternity disability questions and pregnancy discrimination claims. Our Los Angeles employment attorneys compiled frequently asked questions about California maternity leave law and applying for pregnancy leave. If you have more questions or concerns, a Los Angeles employment lawyer from our firm may be able to help address specific concerns for your pregnancy leave claim:
- How do I apply for maternity leave under California Family Rights Act?
- Is pregnancy leave paid in California?
- Do I have to take all of my pregnancy leave at one time?
- Will my employer provide health insurance while on maternity leave?
- Can I be fired for taking maternity leave in California?
How do I apply for maternity leave under California Family Rights Act?
If you are claiming pregnancy leave under the California Family Rights Act (CFRA), your employer will need medical confirmation of your pregnancy from a physician, notice of when you will take leave, periodic updates on your status and when you will begin working again.
An employment lawyer from our experienced Los Angeles employment law firm can help you organize all of the information you will need to bring to your employer to request and uphold your right to maternity leave if you are wrongfully denied.
Is pregnancy leave paid in California?
Some California maternity leave laws, such as Paid Family Leave or your employer’s short-term disability insurance, may allow you to receive partial pay during your maternity leave. The twelve weeks of pregnancy leave under the Family Medical Leave Act (FMLA), California Family Rights Act and four months of Pregnancy Disability Leave (PDL) are unpaid. However, your employer may apply any available sick leave or vacation time you have to your pregnancy leave, in some cases.
If you have a dispute with your employer’s decisions regarding paid or unpaid pregnancy leave, our Los Angeles employment lawyers can help determine if you are entitled to maternity leave pay while on pregnancy leave in California.
Do I have to use all of my pregnancy leave at one time?
You do not have to use all of your pregnancy leave at one time. You can split maternity leave between before and after the pregnancy or use it intermittently before, after or both. This is commonly referred to FMLA intermittent leave.
Will my employer provide health insurance while on maternity leave?
Under the law, you cannot be terminated due to requesting pregnancy leave. However, when you return to your position, you may have different duties or responsibilities than you initially had when you left.
Can I be fired for taking maternity leave in California?
It is unlawful for an employer to take any retaliatory or disciplinary action against an employee for requesting or taking maternity or pregnancy disability leave. If you meet the requirements to take pregnancy leave in CA, your employer cannot deny you maternity leave or maternity leave for fathers.
Types of illegal employer retaliation and pregnancy discrimination include harassment, denying a valid request for pregnancy leave or passing you over for a promotion based on being pregnant. Employers also cannot retaliate against workers, such as wrongful terminations, for reporting violations of California employment laws.
Using pregnancy leave is a good way to take care of yourself and your child as you prepare for the changes, challenges and rewards of parenthood. If you are planning to take pregnancy leave in California or your employer wrongfully denied maternity leave, our Los Angeles employment attorneys can help protect your employee rights under California maternity leave law while defending you if your employer retaliates against you because of a pregnancy leave request.
Contact a Los Angeles employment attorney at Kesluk, Silverstein, Jacob & Morrison, P.C. for help finding the best maternity leave attorney at our firm to represent your pregnancy discrimination claim. Fill out our case review form now.
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