Legal Question in Employment Law in California

Can my employer change in verbal maternity leave agreement?

I had a verbal agreement with my employer upon my notification to her that I was pregnant that I would be granted a leave of 3 months with an additional month's leave if I would be willing to work from home. She has since stated that I would be getting a leave of 2 months and working from home during the 3rd month (total leave time 3 months) because she cannot hold my job open for 4 months.

Can she change her mind like this and do I have any ground to stand on since the agreement was verbal? If I inform her that I will "take my chances" that the job will still be open can she deny me disability pay and consider this quitting?

It should be noted that I work for a small company with 5 full-time and 1 part-time employee.


Asked on 8/31/00, 6:41 pm

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: Can my employer change in verbal maternity leave agreement?

So long as your employer employs 5 or more employees, California law provides for up to 4 months of maternity leave. You and your doctor will betermine the exact length of the leave (up to 4 months. The Department of Fair Employment and Housing is the California state agency that will handle complaints. They may also have a brochure that will help your employer understand the law.

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Answered on 10/04/00, 3:21 am


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