Legal Question in Employment Law in California

Employer deducting hours, changing conditions after maternity leave

I have been working for my employer for nearly 4 years, and recently took maternity leave. Upon coming back, it seems that instead of staffing temps or getting others to take my workload, my employer has hired full time staff members that don't even do my job, and is now saying he is overstaffed. Furthermore, I am also being forced to work so little hours that I won't qualify for health insurance anymore. On top of that, even before I went on maternity leave, I had asked to work more hours, but was denied. Then a new person that spoke the same language as my boss gets hired and gets as much work time as they want, including vacation time ahead of when I had to wait a period of one year. One of the new staffers that are ''taking over my hours'' is also a friend of that employee. Furthermore, these new staffers do a completely different job than I do. Are the current actions after my maternity leave legal? Also, does it sound like a case of discrimination here? I really liked my employer, but I'm starting to have it up to here with his actions, and especially with all these hormones still adjusting, I'm trying to figure out if I am being too kind by allowing this to happen to me and my child.


Asked on 8/01/08, 10:23 pm

2 Answers from Attorneys
Steven Miller Steven L. MIller, a Professional Corporation

Re: Employer deducting hours, changing conditions after maternity leave

If it is a large company (e.g. more than 50 employees), you may have rights under either federal or state family medical leave act. Feel free to review my website at www.californiawagelawyer.com for additional resources on this subject, or if you need further help, give me a call. number is on website.

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Answered on 8/05/08, 3:03 pm
Terry A. Nelson Nelson & Lawless

Re: Employer deducting hours, changing conditions after maternity leave

If you qualify for protection under the FMLA/CFRA, and if you can show failure to return you to the same or similar job, then you may have a claim of violation. It does sound like that. If you are in SoCal, and if you are serious about pursuing the claim, feel free to contact me to discuss your rights and remedies. You can try to 'settle' it through negotiation, and if that fails, you can file suit.

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Answered on 8/04/08, 4:32 pm


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