Legal Question in Medical Leave in California

Family Leave due to pregnancy

I was employed by my company for 6 months before I was put out on disability by them. It was the begining of my second trimester and my doctoer put me on restricted duties for my job due some complicatins with the pregnancy. My job is almost entirely out in the field. They decided they did not have a position for me with the resticted duties and told me I would have to go out on disability. After the birth of my twins I was planning on taking my 12 weeks. At the end of would have been the 9th week I received a call from the director of HR. She informed me that if I dd not return to work on Monday (this would have been a day short of 10 weeks) they would nt hold my job. I told them I needed to take the full 12 weeks because I di not have childcare set up until then, and I was not physically ready yet to return to work. They then sad they would have to let me go. Is this legal? I thought they had to let me take 12 weeks of maternity leave. How can I be punished for having to go out on disabilty leave early due to complcatons? I think they did not want me to return because they thought I would not give as much time and evergy with 2 small children. Was what they did legal?


Asked on 5/14/07, 2:07 pm

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

Re: Family Leave due to pregnancy

Unfortunately, it appears you were not employed long enough to qualify for leave under FMLA. To be eligible for FMLA leave, you must have been employed for, at least, one year having worked 1250 hours, prior to taking the leave. You said you were there 6 months, which falls short.

Under a different law, employers are required to allow employees who suffer pregnancy related disabilities to take up to 4 months off, if medically necessary. This is without regard to how long the employee has worked there. But the 12 weeks bonding time cannot be added on, if you don't qualify for FMLA.

If you believe you were denied time off under the 4 month rule, speak with an employment law attorney in your area, or call the California Department of Fair Employment and Housing.

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Answered on 5/14/07, 2:32 pm


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