Legal Question in Employment Law in California

The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, policies, rules, etc. just not retroactively. Employees have the 'right' to pay and employee benefits per the state wage and hour laws, and formal company policy as agreed, to be provided a 'safe' workplace to minimize risk of injury, and sometimes are entitled to certain medical/pregnancy leave rights. That's about it. There are no laws against 'unfair treatment' or poor management. In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy.

However, if and when you are denied legally protected leave, or are illegally discriminated or retaliated against because of requesting or taking the leave, or you are refused accommodation, then you can consider legal claims.

An employer is not allowed to 'discriminate' against a legally defined "disability", including pregnancy, by any adverse employment action like termination, demotion, harassment, hostile environment, etc. An employer is obligated to provide 'reasonable' accommodation of a disability/pregnancy upon proper notice of valid medical requirements, if accommodation can be done without substantial burden to the company, and accommodation will allow you to still perform all the essential functions of your job. Violation is grounds for a lawsuit. Every case is determined upon its merits and all the facts.

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, must allow up to 4 months of unpaid pregnancy leave under FEHA, and return you to the same or an equivalent job upon return to work, with accrued benefits.

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 you are unable to work [or must care for an immediate family member] because of a �SERIOUS health condition� [that is properly confirmed and documented by your doctor], continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits. The employer can require you to use all accrued unused leave[s] as part of the 12 weeks, so as to make that portion 'paid'. The leave may be taken on reasonable intermittent basis if that need is properly documented by your medical provider. Being out sick with the minor illness or injury does not fall within the protections.

If you qualify for both, you get both. If you are out longer than those guarantees, they can fire you, unless the disability rules apply.

If your employer has a policy requiring they hold your job for you for a specific period of time while on disability, longer than the FMLA / CFRA rules provide, that is enforceable.

Overriding those stated protections, just because you are on leave does not mean you can�t be terminated. You have no special exemption against lay offs or termination due to business reasons. A company in downsizing can lay off a FMLA / CFRA leave person, as long as they can show they aren�t targeting �because of the leave�. They are simply risking claims if they do.

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 violated those rules, contact me for the legal help you'll need. I'll be happy to do so. I've been doing these cases for over 20 years.

Depending on what your medical condition is, your employer probably can�t just say �no� to giving you additional time off for your condition because the employer is on notice that you may be suffering from a �serious health condition� or disability.

If your employer has 50 or more employees and you have worked for the company for at least 12 months and at least 1250 hours, your employer must comply with the California Family Rights Act (CFRA) and Family and Medical Leave Act (FMLA). You are protected by CFRA and FMLA if the condition you were suffering from is a �serious health condition.� A serious health condition is one that makes the employee unable to perform the functions of his or her position. Although a cold or flu is ordinarily not an incapacitating serious health condition, it may be treated as a serious health condition where the illness results in incapacity for more than 3 consecutive days and the employee receives continuing treatment, which sounds like your situation.

The law prohibits employers from denying employees time off for a serious condition and from retaliating against employees for taking time off to obtain treatment for serious health conditions. Thus, if your condition is a serious health condition, and your employer was on notice that you may be suffering from a serious health condition, your employer probably can�t just say �no� to allowing you additional time off as this would likely violate CFRA/FMLA.

If your employer employs 5 or more employees, the employer must comply with the Fair Employment and Housing Act (FEHA), regardless of how long you�ve worked for the company. The FEHA prohibits employers from retaliating against employees for taking time off for treatment of a disability. A disability is basically a medical condition that limits an individual's ability to participate in major life activities (i.e. makes performance of these activities more difficult). Thus, if the condition you took time off for to see a doctor was a disability, and the employer had enough information about your condition to be on notice that you may have a disability, denying you another day off could constitute discrimination and/or retaliation for taking time off due to a disability.

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