Legal Question in Medical Leave in California

Re: pregnancy leave

Generally, employees may take up to 4 months off for a pregnancy related disability. If the need to take leave is related to your pregnancy, make sure your health care provider adequately documents the fact and that this is conveyed to your employer. Be familiar with your employer's leave policies and ask questions if you are unclear what is expected of you to obtain leave.

Once the baby is born, new parents who qualify may take up to 12 weeks off to bond with the baby. This is covered under the FMLA (federal) or CFRA (state). However, if a parent uses this leave with no intent on returning, they could be required to reimburse the employer for having to pay for the employee's medical insurance.

None of these laws guarantee job security. If the employer was going to lay off the effected employee for legitimate reasons, having nothing to do with the pregnancy (i.e. a reduction in force), going out on medical leave does not prevent them from doing so.

If you are unsure on how to handle your situation and do not believe your employer can adequately provide the necessary information, contact an employment law attorney in your area or the local Department of Fair Employment and housing.