Legal Question in Medical Leave in California

Pregnant in CA

I am supervisor in manufacturing in CA. I have worked for the company for 3 years and am currently pregnant. I have been known (and have documented) that I have been required to work 12 hr shifts. My doctor does not want me working these shifts through the remainder of my pregnancy. Work has required a note and it states 40 hr/week and 12 hr/day max. Now work wants me to fill out FMLA so that in the event I need time / hrs off for dr appointments they can deduct from my FMLA. In the past year I have rarely worked less than 40hr/wks, I also take ork home as needed - it is approved for my colleagues to do this as well. Does this not count? I feel discriminated against ... what options do I have?


Asked on 4/05/08, 3:43 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Pregnant in CA

FMLA mandates leaves and reasonable accommodation of medical conditions. Your doctor told you accommodations were necessary. Your company agreed to the accommodations. FMLA allows the company to require you use vacation and leaves first before the unpaid leave kicks in. Your company has told you they will require such use. So, where is the discrimination? Actually, however, a fair argument can be made that your salary should not be 'docked', nor FMLA leave charged, unless you drop below an 8/40 work day/week. That assumes you are properly classified as 'salaried'. Your first course of action should be to try to amicably resolve and agree on the issues with the company. Litigation is always last resort. Feel free to contact me if serious about getting legal advise and help in this situation.

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Answered on 4/07/08, 6:10 pm


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