Legal Question in Medical Leave in California

Re: Pregnancy Discrimination

They're doing you wrong. You have a case and I'll be happy to represent you.

Re: Pregnancy Discrimination

1) They absolutely cannot demote you for taking time off to have a baby.

2) You are entitled to take 12 weeks off, pursuant to the Family Medical Leave Act, provided that you have been employed for 12 months and worked 1,250 in the last year.

You appear to have a good case, if they go through with this. My advice is to talk to a higher-up, and HR person if there is one. They should resolve this without a fight.

If they want to fight, email me.

Re: Pregnancy Discrimination

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.

Upon termination from employment, you are entitled to COBRA conversion of your medical benefits [if any], allowing you to pay for and retain your insurance coverage.

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