A San Jose Lawyer Protects Your Rights under CA’s Pregnancy Disability Law

California has additional protections for families under state law

Employees throughout the country receive protection through the Family Medical Leave Act (FMLA), a federal law intended to protect couples who recently had a child or others facing illness. Californians receive even more protections through state legislation. The Fair Employment and Housing Act and the California Family Rights Act (CFRA) both provide additional protections for individuals and families facing pregnancy, childbirth or a related medical condition.

The Law Office of George Duesdieker protects the rights employees in San Jose, San Mateo and the South Bay area seeking family or medical leave. An employer who has unfairly denied your leave may be violating California law.

You are protected from discrimination under the CFRA

Similar to the FMLA, an employee who is pregnant cannot receive disparate treatment from her employee, and has several privileges under California law, including:

  • Four months of disability leave ― Under the provisions of the CFRA, an employee may be granted up to four months of leave before or after childbirth. It can be taken during any time when you are physically unable to work because of pregnancy or a related condition.
  • Continued health insurance coverage ― Companies that provide health insurance coverage for temporary disabilities must provide coverage for pregnancy and related medical conditions.
  • Returning to your same position ― After a pregnancy disability leave, employees are guaranteed a return to the same position at the same wages. If that position is no longer available, the employer must offer a position that is comparable in pay, location and opportunity.

If you work for a covered employer, you are eligible for pregnancy disability leave regardless of the length of time you have worked for that company. You do not have to work full time to be eligible.

Retaliation is prohibited under the law

Employers cannot retaliate or discriminate against you for requesting leave or other accommodations. California law specifically requires the employers provide reasonable accommodation upon the request of a pregnant employee or the advice of her healthcare provider. An employer who terminates an employee in response to a request for leave or other accommodation may have committed wrongful termination. It is also important to note that a woman who takes pregnancy disability leave is entitled to take CFRA leave if she is also eligible. This allows you to take four months of pregnancy disability leave and 12 weeks of CFRA leave to bond with the child.

Claims regarding employer discrimination or retaliation under California employment law must be filed within a year from the last incident. Our employment lawyer, George Duesdieker, can explain more about your privileges and benefits under the CFRA. If you believe your rights have been violated, we can help you receive the compensation you deserve.

Contact us to learn more about California’s pregnancy disability law

The Law Office of George Duesdieker protects employees in San Jose and elsewhere from violations of their rights under California law. If you believe you have been unfairly denied leave, you may be entitled to compensation. Contact us for a free initial consultation at 650.684.5444 or online about your case. Our contingent fee billing plan means you do not owe us anything until you receive compensation.