Legal Question in Employment Law in California

Is that legal to suspend my job?

I am pregnant and baby will be due in one month in 1/10/05. But things happened on 10/23/04, my employer need me on duty every morning at 8:00am, no lateness can be accepted. At that time, I was at the 28th week of pregnancy. I asked for flexiblity about 10 minutes in the morning since I work for salary base. They refused. The employer said if you cannot come on time, don't come any more. Since I have been diagosed diabetic, so I concerned my health and baby's well being. I didnot work from that time and claim EDD. EDD rejected me either. The employer didnot arrange other job for me since 10/23. So I stay at home without pay. Till 12/5/04, they offered me a part time job (20hrs/wk) as telemarketing working from home. Since my maternity leave is approaching, I don't know what I should do to protect myself. If I don't accept the offer, will I be illegal to get the benefits during my disablity period?


Asked on 12/09/04, 8:56 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Is that legal to suspend my job?

The employer has probably violated several laws. You are supposed to be reasonably 'accommodated' during pregnancy, and not retaliated against or fired. You are entitled to pregnancy leave and Family Medical Leave during and after pregnancy. You may be able to get the situation corrected, returned to work or leave, with back pay, by having your attorney deal with the employer forcefully, or it may be necessary to file suit. If interested in doing so, contact me to discuss.

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Answered on 12/14/04, 12:30 pm
Scott Linden Scott H. Linden, Esq.

Re: Is that legal to suspend my job?

It depends. As Attorney Nelson stated, there are several laws, such as the FMLA, that protect you as a pregnant woman. There are some requirements, however. For example, you have to have been employed for 1250 hours previously.

I was previously a Human Resources Director at a large company, so I am quite versed in your situation. Please take a moment to review the information I provided on my site at www.RulesofEmployment.com and if you would like some legal assistance with your employer, please feel free to contact me either through the site or directly at 626-578-0708.

Regardless, congratulations on the upcoming birth of your child.

Scott Linden

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Answered on 12/14/04, 2:41 pm


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