Legal Question in Medical Leave in California
Can employer lay me off if I am pregnant?
MY company is going through layoffs right now. Everyone is in jeopardy of being layed off. I am 10 wweks pregnant. I notified my boss three weeks ago of my condition. Am I protected under PDL or FMLA from being layed off? If I am layed off, is there any action that I can take? I am concerned that if I am layed off, I will no longer have medical insurance and that I will be unable to get a job already pregnant. I know that I will not qualify for FMLA in a new job. Please help.
1 Answer from Attorneys
Re: Can employer lay me off if I am pregnant?
-The short answer is that if you would have been laid off anyway, pregnancy status will not protect you. If, however, pregnancy status is the reason you are going to be laid off at this time, you may have a case if you can find supporting evidence. As for your insurance you should be entitled to COBRA.