Legal Question in Disability Law in California

Re: Hourly employees rights

To answer your question completely more information will be necessary. However as a general rule employees are entitled to a 4 month (and perhaps up to 7 months if you employ 50 or more employees) leave for disabilities related to childbirth or bonding. After the leave, the employee is entitled to reinstatement to their former position and pay. If an employee would have been laid off for other reasons, and you can prove that the selection of the employee for layoff was based on other legal reasons, you may not be required to reinstate. This is a serious matter with expensive ramifications if you are wrong. Good business judgment requires that you speak with experienced employment counsel about your specific facts. Feel free to contact me if you wish to discuss this further.