Legal Question in Medical Leave in California

Full Time to Part Time During Prgnancy

I have someone who transitioned to part time during their pregnancy for medical reason and opted to forgo benefits. They have been back for several months after delievery and FMLA and now wants to go back to full time. Do we have to move her back to full time or if businees dictates can we leave her at part time?


Asked on 9/24/08, 11:26 am

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Full Time to Part Time During Prgnancy

The discrimination laws normally require she be allowed to return to the same job and duties, or similar, at the end of her leave. You'd have to be able to strongly defend the 'business necessity' decision not to allow that. Her voluntary part-time status 'affects' her rights, but no one is going to guarantee you that she couldn't prevail in a claim against you. It would be easiest to work out a compromise with her.

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Answered on 9/24/08, 12:49 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Full Time to Part Time During Prgnancy

You are inviting a lawsuit if you do not put her back on full-time status. She was put on part-time status because of a pregnancy related disability. To refuse to return her to a full-time status smacks of discrimination. Would you have reduced her hours had she not become pregnant? If your answer is yes, you'd better be prepared to support that position with solid evidence because you'll need it.

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Answered on 9/25/08, 7:41 pm


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