Legal Question in Employment Law in California

Re: Fired While Pregnant On Short Term Disabilty After Car Wreck?

Based on your initial description, it sounds like there could be several violations of the law that a simple visit to the labor commissioner will not correct. First, you are entitled to Pregnancy Disability Leave for up to 4 months if the employer has 5 or more employees. You are also entitled to medical leave of up to 12 weeks if the employer has 50 or more employees. If this is the case, it sounds to me like there are violations of the California leave laws, as well as possible pregnancy and disability discrimination. I would recommend contacting me or another attorney on this list as soon as possible to discuss in more detail.

Re: Fired While Pregnant On Short Term Disabilty After Car Wreck?

You may have a valid case on those facts.

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 you are unable to work [or must care for an immediate family member] because of a �serious health condition�, 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 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.

Re: Fired While Pregnant On Short Term Disabilty After Car Wreck?

The above attorneys are correct.

Upon injury or disability, the employer must reinstate you to the similar or comparable position within the company (with few exceptions). Failure to do so potential violates FMLA/CFRA, Pregnancy Discrimination Laws and California Disability Laws under Fair Employment and Housing Act.

Labor Board will not resolve these issues, as these are civil claims that are usually prosecuted in court.

Thanks, and feel free to follow up.

Arkady Itkin

San Francisco / Sacramento Employment Lawyer