Legal Question in Appeals and Writs in California

An employer has the right to discharge employees if there truly is no work, so long as he does it in a non-discriminatory manner. For instance, a lay-off based on seniority or performance review would be perfectly legal; a lay-off based on gender would not.

Without evidence that you were laid off because you took maternity leave or because of your pregnancy, you do not have any legal rights against your employer. You may have evidence to that effect, but it is not present in your question.

If and when you are denied legally protected leave, or are illegally terminated, discriminated or retaliated against because of requesting or taking the leave, then you may have legal claims.

If your CA employer has at least 5 employees, they must allow up to 4 months of unpaid pregnancy leave under FEHA, and return you to the same or an equivalent job upon return to work, with accrued benefits.

If your CA employer has at least 50 employees, and you are employed for at least 12 months and 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 when you are unable to work, continuation of any 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. If you are out longer than those guarantees, they can terminate you.

When you are released to return to work, IF within the leave time limits, an employer is not allowed to "discriminate" against a legally defined "disability" by any adverse employment action like termination, demotion, harassment, hostile environment, etc.

Overriding those stated protections, just because you are on leave, or returned, does not mean you can�t be terminated. You have no special exemption against lay offs or termination due to business reasons. A company in downsizing can lay off a FMLA / CFRA leave person, as long as they can show they aren�t targeting �because of the leave�.

Now, if they violated those rules, contact me for the legal help you'll need. I'll be happy to do so. I've been doing these cases for many years.