Legal Question in Medical Leave in California

returning to work after maternity leave

i had my baby in sept and my disability payments are now over and its is december. so i could technically go back to work right? i discussed going back to my job in january with my manager and she said that was fine. a month later i was told i was not allowed to come back untill february because they have no hours to offer me untill then. i was also told that its not their fault i got pregnant by the assistant manager. i felt as if that statement was discriminating against me eventhough the owner and manager said they never said that. i want to know exactly what my rights are returning to work. are they allowed to tell me i cant come back untill february when i want to come back in january? and also how many hours are they required to give back to me?


Asked on 12/11/08, 4:56 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: returning to work after maternity leave

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. You can return early anytime when released by your doctor. Under the law you're entitled to:

continuation of group health benefits during leave.

restoration to the same or an equivalent job upon return to work.

retention of accrued benefits.

protection from discrimination as a result of taking leave.

Thus, you are to be given your job and hours back, or equivalent.

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

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Answered on 12/11/08, 6:47 pm


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