Legal Question in Medical Leave in California

Can I File A Suit?

I am six months pregnant with some no great days with

sickness. I went to my boss this morning to ask about the

maternity leave policy and she said that she didn't want

to give me maternity leave because I was not in much. I

tried to explain to her about my body going through

changes she cut me off and she stated that she never

dealt with soome pregnant before. I would say I call out

every three weeks due to the pregnancy and I'm only late

when I have my doctor appiontments. She also asked me

what was I going to do when the baby was born. I told

her I would have to put my baby in daycare and explained

to her when I plan on taking leave and when I plan on

coming back to work. She then stated that she didnt

want to hire temps to take over when I leave because she

will need someone who will know what to do all the time.

I then said well ok I will tell when my last day is when I

decide. I am a receptionist for a small company and the

most I do during my days is answer the light phones...


Asked on 6/17/08, 5:48 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Can I File A Suit?

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.

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

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Answered on 6/17/08, 6:28 pm


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