Maternity leave is not a perk—it is your legal right. Unfortunately, too many employers still treat it as a personal favor, and that is how disputes begin. Read on to learn about the most common maternity leave disputes, California maternity leave laws, frequently asked questions on the topic, and how a pregnancy discrimination attorney could help you. Perhaps your employer pushed you to return to work early, refused to reinstate you, or claimed your job no longer existed. A Mar Vista maternity leave dispute lawyer from Employee Civil Rights Group would be happy to help you explore potential courses of action.
Some employers still treat pregnancy as a problem. It is, unfortunately, common for women to be asked in job interviews whether they are planning to get pregnant soon. Some employers may treat maternity leave as a personal favor instead of a legal right.
Our Mar Vista attorney typically sees a range of scenarios relating to maternity leave disputes. Actions by employers may include:
It may surprise you to learn how many companies have an apparent restructure when their employees are on maternity leave. Far too often, parents return to work only to hear that their department no longer exists. You might even return to work and have a new assignment that is much less desirable than your previous one.
Retaliation is also common in these situations. If you speak up about your maternity leave rights, you might receive your first write-up, a demotion, or simply uncivil behavior from your supervisors. This can be a violation of your rights. Even subtle retaliation is still against the law.
California law protects workers, like you, who are pregnant or have just given birth. These rights come from several state laws found in California Government Code § 12945, including the California Family Rights Act and the Pregnancy Disability Leave law.
If you work for a company with at least five employees, you can take up to four months of protected leave for pregnancy-related conditions. If your company has five or more employees and you have been there at least one year, you can also get up to 12 weeks of baby bonding time under the California Family Rights Act.
You can take your leave all at once or spread out in intervals. Your leave may be unpaid, but your job should be protected. Your employer cannot fire you, cut your hours, or deny you a promotion for exercising your right to maternity leave, as our Mar Vista employer dispute lawyer could explain to you.
Here are a few of the most common questions about maternity leave— particularly regarding employer conduct, disputes, and your rights—that Ranojoy Guha hears as a Mar Vista attorney.
If you do not meet the eligibility rules under California law, yes, it is possible. For example, the California Family Rights Act requires you to have worked at least 1,250 hours in the past 12 months to qualify for maternity leave. However, if you are pregnant and your condition limits your ability to work, you may still qualify for pregnancy disability leave, even as a part-time worker.
If your employer misclassifies your status, they may claim you do not qualify for maternity leave. If the facts prove you are not an independent contractor, then you are covered by the same laws as traditional employees.
California law recommends you give your employer at least 30 days’ notice when possible. However, if you suddenly need to take leave—for example, because you go into premature labor—you should notify your employer as soon as you can. Your employer cannot punish you for not giving advanced warning in emergency situations.
Yes, your employer can ask for a doctor’s note to confirm that you need maternity leave. They are not, however, entitled to see your full medical file.
If you did not see your question answered here, speak with our office today to schedule a consultation.
Our team is ready to support you if you want to challenge any maternity leave discrimination or retaliation you have experienced. The law is on your side, and so is our team at Employee Civil Rights Group. To speak to a Mar Vista maternity leave dispute lawyer, contact our office today.
