FMLA & Pregnancy Disability Leave

Enforcing Your Rights to Pregnancy and Maternity Leave in California

Were you fired because you took an FMLA pregnancy or maternity leave? Did your employer retaliate against you for taking leave for a pregnancy-related disability? Being pregnant can be stressful enough by itself. You shouldn't have to deal with an employer who harasses you because you are pregnant — or who discriminates against you for taking the leave to which you are entitled under federal law.

Pregnant women have the right to work as long as they are physically able to perform their jobs. They must be treated the same as all other non-pregnant workers. In most circumstances, pregnant employees have the right to take a pregnancy leave and return to the same or similar job once their leave ends.

The employment law attorneys at the Armstrong Law Firm stand up for the rights of women in the workplace. We help employees enforce their rights under the Family Medical Leave Act and seek compensation for women who have been harmed by sex or gender discrimination, including pregnancy discrimination.

For more information about your rights to FMLA pregnancy leave in California, or to discuss your ability to recover for illegal discrimination related to pregnancy, call 415-692-0462 or 866-590-6082 or contact us online.

Pregnancy Leave Under the Family Medical Leave Act and California Family Rights Act

One way that employers discriminate against women is by denying them the pregnancy leave to which they are entitled under the law — or by retaliating against them for taking the leave.

There are many laws and rules that guarantee women pregnancy leave, including the Family Medical Leave Act (FMLA), the California Family Rights Act (CFRA), and the Pregnancy Disability Leave Law. These laws also protect women from wrongful termination and other forms of retaliation for taking pregnancy leave.

Under the FMLA, you are entitled to 12 weeks of unpaid leave for the birth and care of a child. The FMLA also gives you the right to 12 weeks of unpaid leave to care for a child or close family member with a serious medical condition.

Depending upon how long you have worked for your employer, how many employees work at your company and other factors, you may have additional rights. For example, in California, you may be entitled to a partially paid six-week pregnancy leave. As such, your employer may have to hold your job for you while you are out on leave.

Employer discrimination and harassment of pregnant women can be blatant or subtle. A boss may tell a receptionist that, "You won't be able to greet customers when you're as big as a house." A newly pregnant nurse may be told, "You will be too tired to work." A working female professional may hear "We'll need to find someone else to do your job."

Unfortunately, employers find many reasons to fire women, demote them, or otherwise treat them unfairly before, during or shortly after they take FMLA pregnancy leave. If your employer has interfered with your right to take pregnancy or maternity leave or has discriminated against you because of pregnancy, we will fight to protect your rights.