Legal Question in Medical Leave in California

Laid Off While on Maternity Leave

I work for a CA company with more than 50 employees. I worked there for 6 months before going out on maternity leave. They have laid me off while out on maternity leave. There were 2 other people in my department that have less seniority than me that were kept. Is this legal?


Asked on 3/03/08, 12:22 pm

3 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Laid Off While on Maternity Leave

The answer to your question depends on the reason the employer laid you off. Obviously, if they laid you off because of your maternity leave or some other discriminatory reason, it is not legal. If you were let go for legitimate business reasons, being on maternity leave is no automatic protection.

You should consult with an employment law attorney in your area to help you assess your case and, possibly, get some answers as to the real reason you were laid off.

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Answered on 3/03/08, 12:55 pm
Terry A. Nelson Nelson & Lawless

Re: Laid Off While on Maternity Leave

If you had worked full time for 12 months before going on leave, you would be entitled to pregnancy leave protection. Since you hadn't, you are subject to the same leave standards as anyone else, according to company policy. If you exceeded the allowable leave / missed days, then you could be terminated for that reason.

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Answered on 3/03/08, 1:01 pm
Thomas Pavone Pavone & Cohen

Re: Laid Off While on Maternity Leave

There is no minimum employment period required to qualify for a pregnancy leave under California law. One year of employment (as well as 1250 hours) is required for a leave under the FMLA or CFRA.

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Answered on 3/07/08, 12:53 am


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