Legal Question in Medical Leave in California

Can my company take away from maternity leave for bed rest or morning sickness?

This is my first pregnancy and I have had problems I was on bed rest for 2 weeks and now I might have to go part-time for high blood pressure. Human Recources contacted me and said that any time I miss that has to do with my pregnancy takes away from my maternity leave. Note I have not been paid for any of the time I have had off I have not been with the company for a year but August will be 1yr right now I am covered under the Pregancy Leave Act for CA can they do this?? I did notify my HR that I can take maternity leave under FMLA but she said that I might not qualify if I wanted to know how many hours I worked with the company are they entitled to give this information to me??? Your answers will be truley appreciated.. Most important can they take this from my maternity leave??


Asked on 6/13/01, 7:04 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Can my company take away from maternity leave for bed rest or morning sickne

If your time off is for medical reasons related to your pregnancy, then it is covered under the maternity leave law in California and applies to the four months employers must allow employees for maternity related medical issues. That is the purpose of the law. With regard to family leave, if you have not been with the company for one year, you are not eligible, regardless of how many hours you have worked.

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Answered on 7/05/01, 12:23 pm


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