Legal Question in Medical Leave in California
pregnancy and a new job
I am 5 1/2 months pregnant and have just been offered a new job after having been laid off for a while. The employer does not know that I'm pregnant. When/how do I tell them (e.g., during the negotiation process or after) and what am I entitled to in terms of maternity leave? I am under the impression that the Family Medical Leave Act does not apply if you're there for under 12 months.
1 Answer from Attorneys
Re: pregnancy and a new job
You are in a very difficult position. You are under no legal obligation to inform your prospective employer that you are pregnant but if you don't tell them, they will probably believe you deceived them. It is illegal to deny you employment because you are pregnant, or to fire you after the job has been offered due to your pregnancy.
You must decide whether to risk losing the job, albeit illegally, by being honest or trust that they will appreciate your honesty and work with you.
You are correct, you would not be entitled to family leave, but you would be entitled to maternity leave of up to 4 months, if medically necessary. If you have a normal pregnancy, you can shorten your leave, which the employer may appreciate.
Your decision should be based on your assessment of the kind of company you think it is and after dicussions with your family and doctor. If you believe the company is family friendly and is large enough to accomodate your absence, it is more likely you are safe to be honest with them.
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