Legal Question in Disability Law in California

Disability

Whats the earliest a pregnant woman can go on disability?


Asked on 9/08/08, 1:13 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Disability

When her doctor gives her an 'off work' order, or she notifies the employer of need.

If your CA employer has at least 5 employees, they can not fire you because you are pregnant, must allow you to continue working as long as you are able, must 'reasonably' accommodate your disability, and must allow up to 4 months of unpaid pregnancy leave under FEHA.

If your CA employer has at least 50 employees, and you are employed for at least 12 months, have at least 1,250 hours worked in the 12 months prior to the leave, then you would be eligible for 12 weeks of unpaid FMLA/CFRA maternity/medical leave, continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits.

If you qualify for both, you get both.

Now, if they violate those rules, contact me for the legal help you'll need.

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Answered on 9/08/08, 2:48 pm


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