Legal Question in Medical Leave in California

Re: maternity leave

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. If you are out longer than those guarantees, they can fire you.

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

HOWEVER, if the company is suffering economic problems, and laying many people off, that complicates your claim. We can talk.

Re: maternity leave

No, it is not legal. Depending on certain factors, like size of the company, length of your employment, etc. you may have a good case and should hire an attorney to look into it.

Let me know if I can be of assistance.