Legal Question in Medical Leave in California

Re: EMPLOYMENT-Medical leave & Maternity leave

If and when an employee is denied legally protected leave, or are illegally discriminated or retaliated against, they can consider legal claims.

If a CA employer has at least 5 employees, they can not fire an employee because they are pregnant, must allow them to continue working as long as able, must 'reasonably' accommodate the disability, and must allow up to 4 months of unpaid pregnancy leave under FEHA.

If the CA employer has at least 50 employees, and the employee is employed for at least 12 months, have at least 1,250 hours worked in the 12 months prior to the leave, then they would be eligible for 12 weeks of unpaid FMLA/CFRA maternity/medical leave when the employee is unable to work, or must care for an immediate family member, because of a �serious health condition�, continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits.

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If they qualify for both, you get both. If they are out longer than those guarantees, they can be fired.

Upon termination from employment, the employee is entitled to COBRA conversion of medical benefits [if any], allowing them to pay for and retain their insurance coverage.

Now, if the company violates those rules, they can be sued.