Legal Question in Medical Leave in California

Re: Pregnancy Disabilty

It does not matter the source of the information. Once an employer is put on notice that an employee needs to be accommodated due to a pregnancy related disability, you have an obligation to discuss with her what options are available. You can also ask her to provide you with additional information from her health care provider, what her medical limitations are. But you are playing with fire if you discount the validity of the note because it is not from a doctor.

Re: Pregnancy Disabilty

Yes. Assuming it is true. Companies have the right to verify.

Re: Pregnancy Disabilty

Hello.

Generally, you have the right to request official medical certification signed by a physician. However, you should of course avoid taking any negative action against an employee just because she didn't produce the right paperwork right away. Now, you are on notice of her condition, regardless of whether she complied with the formalities, so any adverse action against her will give rise to a presumption that she has been discriminated/retaliated against.

Pregnant women are a special class of people who get a lot of sympathy in court from a jury, which translated into huge awards if these women are discriminated. This is one reason you should be very careful in how you handle this situation and to make sure that you don't who any signs of treating her differently because of her pregnancy.

Thanks,

Arkady Itkin

http://www.sanfranciscoemploymentlawfirm.com