Legal Question in Medical Leave in California

Employer California Pregancy Rights.

I hired my employee on a full time work basis. She just returned back from her pregnancy leave (as allowed by law) and she has now demanded that she be allowed to work temporarily part time.

As stated, she was hired for full time and I do not want a part tme employee. I constantly read that an employee has the right to return to work under the same conditions as before their pregnancy, so I'd expect that the employer have the same rights to expect the same from their employees.

Will I be breaking any California and/or Federal laws if I refuse to grant her request to work part time?


Asked on 3/28/09, 3:46 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Employer California Pregancy Rights.

This is what I tell employees, read it from your perspective:

If and when you are denied legally protected leave, or are illegally discriminated or retaliated against, then you can consider legal claims.

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. If you are out longer than those guarantees, they can fire you.

Upon termination from employment, you are entitled to COBRA conversion of your medical benefits [if any], allowing you to pay for and retain your insurance coverage.

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

'Part time' request would be a request for 'accommodation' under the disability laws/rules if done prior to childbirth. It is probably not 'reasonable' nor required after the protected leave periods expire.

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Answered on 3/28/09, 9:07 pm


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