What Are California Maternity Leave Laws? Ask Our Lawyers

California Maternity Leave Laws And Pregnancy Discrimination

FMLA Lawyers On What Working Mothers Need To Know About Maternity Disability

As any woman who has been through a pregnancy would probably tell you, while the children pregnancy produces are gifts, the process itself can be a very stressful one. Whether it is dealing with the changes to your lifestyle or the complications that arise from a pregnancy-related illness or disability, an expectant mother has more than enough to contend with without having to also deal with the added stress of her employer’s pregnancy discrimination.

No mother-to-be should have to suffer employment discrimination due to her pregnancy. that is why discrimination laws and California maternity leave laws in place to 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, an experienced discrimination attorney at our employment law firm can help. We have successfully represented hundreds of workers throughout California to protect their workplace rights. This includes representing parents discriminated against because of pregnancy, after giving birth, and those dealing with maternity disability.

tired pregnant woman working home maternity

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), encompass the variety of ways that the law protects mothers needing maternity leave or pregnancy disability leave. For example, any eligible employee under the Family and Medical Leave Act (FMLA) and CFRA are entitled to California maternity disability leave that includes:

Pregnancy disability entitles an employee to up to four months of disability leave
Leave can be taken 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 it, a woman can request to be transferred 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 includes:

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? Refusing to allow a pregnant employee to modify or perform alternative job duties, when 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 if the employer provides benefits to employees on other types of leave is discrimination.

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, guide you through the complexities of pregnancy disability or maternity leave laws and help get you the compensation you deserve. We can also guide new dads in their rights to maternity leave for fathers. We are ready, willing, and able to help you-contact our office today.