Legal Question in Employment Law in California
Disability leave for employers of 28 people
We are a company that employs under 50 people and would like to know our obligations pertaining pegnancey leave. We have an employee who went on medical disability in June 2000 due to complications with her pregnancy. She delivered her child in January 2001. Is she entitled to an additional 4 months leave under California law? We wrote a letter to this employee asking her intensions of returning to work. If she does not respond, can she be terminated?
2 Answers from Attorneys
Re: Disability leave for employers of 28 people
This issue is also more particularly covered by the Federal and California Family Medical Leave Act which covers time off for pregnancy, medical conditions and also to assist certain other family members with their medical conditions.
Before you terminate her, I STRONGLY suggest that you consult a local attorney who specializes in this area. If you are located in the SF Bay area, then please feel free to call me at 408-295-8282 and I will be happy to discuss your rights and responsibilities.
Steve Gibbs
Re: Disability leave for employers of 28 people
Pregnancy discrimination is a form of sex discrimination under the Fair Employment and Housing Act. The maximum amount of leave to which an employee disable by pregnancy is entitled is four months of disability leave and an additional 12 weeks of leave for disability, bonding, or both. You have satisfied these conditions.
In addition, your employee's failure to respond to you inquiries about her return is a reason for termination. You are not required to hold the position open indefinitely, particular when the employee is non-communicative.
Francis Doherty
415 453-2300
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