Legal Question in Employment Law in California

Re: When should I tell the boss I'm pregnant?

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 when the employee is unable to work, 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. However, the business economic reasons they told you can override the protections, but it would be risky for them to termination you once you notify them of the pregnancy and leave request.

Re: When should I tell the boss I'm pregnant?

Generally, it is always in your best interest to notify your employer of your pregnancy as soon as possible. If the decline in your performance related to your pregnancy condition, you might be protected as a temporarily disabled worker and the employer is unlikely to simply terminate you without considering different alternatives.

If however, your employer is not aware of your pregnancy, then you have no protection against being terminated or a legal recourse thereafter.

I would not encourage you to engage in the unethical conduct of "shielding" your lower performance with pregnancy, but notifying your employer of your pregnancy and any associated physical or mental difficulties you might be having is the way to go.

You might also want to consider taking a pregnancy disability leave or an ordinary disability leave. It's better to lose some money now and come back when you are in better shape, then work till you perform really poorly and being terminated as a result.

Thanks,

Arkady Itkin

San Francisco Employment Law Firm

http://www.sanfranciscoemploymentlawfirm.com