Legal Question in Employment Law in California

Employers cannot discriminate against women due to their pregnancy. This means that a woman cannot lose her job because she took maternity leave. But it does not mean she cannot be terminated for legitimate business reasons.

Some employers replace women on leave with temps and end up liking the temps more. But this is not grounds to terminate the employee who took the leave. All you can do, at this point, is to document everything, including what you found on the internet, keep your employer informed of your intentions to return and the date you expect to return and follow up by showing up for work on your scheduled return date. If you've been replaced, seek the advice of an experienced employment law attorney in your area, to evaluate your case and explore your options.

Hello,

It sounds like the employer might be trying to avoid liability by terminating you unlawfully, but trying to mask it under some other reason by not terminating you now and rather waiting till you come back, so that it doesn't look like you were terminated while on leave. Although, of course I don't have enough facts to be sure.

At this point, the best thing you can do is "line up your weapons" in case you have to file an action against the employer. The more and the better evidence you have the easier it will be to fight.

Here are some if the things you can do:

Find out where your friend gather the information from about the employer's plan to terminate you.

Print out any documents/e-mails about your good performance so that the employer cannot justify your termination with performance issues, which they love to do.

Also, if you put the employer on notice in writing regarding your leave, make sure you have that documentation.

Ask around your workplace and see who else might have helpful information.

Thanks, and feel free to follow up.

Arkady Itkin

San Francisco / Sacramento Employment Lawyer

http://www.arkadylaw.com

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. The leave may be taken on reasonable intermittent basis if that need is properly documented by your medical provider.

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.

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 due to business reasons. A company in downsizing can lay off a FMLA leave person, as long as they can show they aren�t targeting �because of the leave�.

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.