Pregnancy brings many changes. Unfortunately, sometimes employees find that their pregnancies result in negative outcomes at their job. This may include harassment, unwanted changes in responsibility or title, and even being fired. Under state law, employers have specific responsibilities toward their employees who become pregnant and are prohibited from retaliating against them because of their pregnancy.
If you believe that you have suffered from workplace discrimination or have been improperly let go because of your pregnancy, you need to talk with a Mar Vista pregnancy retaliation lawyer. Your workplace retaliation attorney could discuss your case with you and help you discuss next steps to protect yourself and your family.
When an employee becomes pregnant, state law requires most employers to provide reasonable accommodations to the employee in light of their personal medical needs. These accommodations include things like modifying work duties, providing workers with a place to sit if necessary, and allowing more frequent breaks. Should it become medically necessary, employees may also ask to be transferred to less strenuous or less hazardous positions if they are available.
If you are facing retaliation after requesting reasonable pregnancy accommodations, speak with a Mar Vista attorney as soon as possible to protect your rights.
Companies that have five or more employees must also offer pregnancy disability leave (PDL) for up to four months. Employees can use PDL if, according to their healthcare provider, they are disabled by a pregnancy-related medical condition like:
PDL does not have to mean completely stopping work; it can also entitle the employee to more frequent breaks or time off for doctor appointments.
PDL leave may be paid or unpaid according to the employer’s policies, but the employer must maintain the employee’s group health insurance at the same level it would have been during normal employment. Employers may require the employee to use their sick leave, PTO, or vacation time before using PDL.
All of these protections are in place to encourage employees to get good prenatal care and to be mindful of their own health during their pregnancy without having to worry about the stress of losing a job or health insurance. Taking PDL does not mean that an employee cannot be laid off or fired for other employment-related reasons, but if a person does lose their job after taking PDL, it is worth discussing the situation with a pregnancy retaliation lawyer in Mar Vista to ensure their rights were not violated.
The California Family Rights Act, or CFRA, provides some employees the right to take family care or medical leave after the birth of a child. A pregnant employee usually takes leave under the CFRA after their PDL leave. CFRA leave may be up to 12 workweeks within the one-year period after the baby’s birth and can be either paid or unpaid, depending on the employer’s policies.
The CFRA does not cover all employees. First, the employer must be large enough to have five or more employees. Second, the employee must have worked for the employer for a period of at least 12 months. Third, the employee must have worked at least 1,250 hours in the 12-month period before the leave begins.
If an employee is entitled to leave under the CFRA, the employer cannot deny the request for leave or otherwise penalize the employee for taking the time off. Pressuring the employee to be available during their leave and harassing or demoting the employee may all be examples of pregnancy retaliation.
A credible Mar Vista lawyer could help you understand your employer’s policies regarding leave and determine if you are experiencing pregnancy retaliation in the workplace.
Learning to balance pregnancy and new parenthood with job responsibilities is already stressful. If your employer is making the situation even harder for you, you may be experiencing pregnancy retaliation.
If you are being harassed, bullied, or penalized at work, or if you believe you have been demoted or lost your job because of your pregnancy, you need to talk to a Mar Vista pregnancy retaliation lawyer. Your attorney could advise you on your situation and help you explore your legal options. Schedule a consultation with us today.
