Pregnancy Disability Attorneys in Burbank
Compassionate Employment Lawyers on Your Side
What is the California Pregnancy Disability Leave Law?
The California Pregnancy Disability Leave Law is a part of California’s Fair Employment and Housing Act and requires employers to provide employees up to four months of leave for disability due to an employee’s pregnancy, childbirth, or related medical conditions. In addition, an employer may be required, under certain circumstances, to transfer an employee affected by pregnancy, childbirth or related medical conditions to a different job.
What is the difference between Pregnancy Disability Leave Law and the California Family Rights Act?
A Pregnancy Disability Leave Law leave does not run concurrently with your rights for a 12-week leave under the California Family Rights Act. Rather, California Family Rights Act leave and pregnancy disability leave are two separate and distinct rights that employees have under California law.
I just gave birth, can I take a California Family Rights Act leave, after I take a 4-month Pregnancy Disability Leave Law leave for my newborn child?
Yes, provided you are eligible for California Family Rights Act leave and have not already exhausted your California Family Rights Act leave, following a pregnancy disability leave, you will still have the right to take such leave of up to 12 weeks “for reason of the birth of her child, if the child has been born by this date.” Because every case is different, you should contact an employment law attorney in Burbank to discuss your specific situation. The Akopyan Law Firm provides complimentary case evaluations.
What is the maximum amount of time I can take for having just given birth to my baby?
If you are eligible for California Family Rights Act leave, the maximum amount of both types of leave that is available to you is 4 months plus 12 work weeks (4 months of pregnancy disability leave under the Pregnancy Disability Leave Law, of which 12 weeks may also be Family Medical Leave Act leave plus 12 workweeks of California Family Rights Act leave).
What if my employer only has 3 employees, can I still take the 4-month Pregnancy Disability Leave Law leave?
Only employers with 5 or more employees are “covered” employers under the Fair Employment and Housing Act. So, if your employer does not have 5 or more employees, it is not required to give you a 4-month Pregnancy Disability Leave Law leave.
I have only worked for this company for 2 months; do I still get to take a 4-month Pregnancy Disability Leave Law leave?
Yes, if your employer has 5 or more employees, regardless of your length of employment, you are a “covered employee” under the Pregnancy Disability Leave Law. There is no length of service requirement for you to be eligible for Pregnancy Disability Leave Law leave like there is for California Family Rights Act or Family Medical Leave Act leave.
Does my employer have to pay me while I am out on Pregnancy Disability Leave Law leave?
Generally, Pregnancy Disability Leave Law leaves are unpaid unless your employer has a policy and practice of paying employees who go on other (non-pregnancy related) leaves. For example, if your employer pays or provides benefits to employees who are on a medical leave or disability leave, then it must do the same for a pregnancy leave.
I was fired while I was on Pregnancy Disability Leave Law leave, do I have rights?
Yes. The Pregnancy Disability Leave Law requires that your employer keep you employed and return you back to the same position you held before you took the leave. If you were fired while you were on Pregnancy Disability Leave Law leave, your rights may have been violated. Schedule a complimentary case evaluation with the employment lawyers in Burbank at the Akopyan Law Firm to discuss your case.
What if my employer got rid of my position while I was on leave?
Generally speaking, you have no greater rights having taken a leave than you would have had if you continuously worked for the employer. However, you may have rights if the elimination of the position is a pretext.
My employer says that it cannot return me back to the same position after my Pregnancy Disability Leave Law leave. What now?
If you are returning from a pregnancy disability leave and cannot be reinstated in the same position, you generally have the right to be reinstated into an available comparable position. A comparable position (for which you are qualified) is deemed “available” if it is open when you are scheduled to return or within 60 calendar days thereafter. However, your employer is not required to reinstate you if there are no available open positions for which you are qualified.
Call the Akopyan Law Firm at (818) 509-9975 today to schedule a complimentary case evaluation with our legal team.
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