Legal Question in Employment Law in California
Pregnant Employee
An employee just notified our small (less than 20 employees) company that she is pregnant. Due to the pregnancy, she now will have to take time off for doctor's appointments; she is paid hourly and does not get paid for the time off. However, the fact that she needs to take so much time off is creating a problem for us (she works in accounting, and it is important to get out our billing).
My question is: can we terminate her employment for absences? are they considered unexcused, or since she is pregnant (and doctors no longer have evening or weekend hours) are we stuck?
2 Answers from Attorneys
Re: Pregnant Employee
You MAY have grounds for termination if her performance substantial declines, but you will have to weigh the benefit of replacing her against the risks and costs of being sued. You have other options. You need to consult with competent counsel about the actual details before making any decisions. Contact me if interested. This is a specialty area I have practiced for 15 years.
Re: Pregnant Employee
While the size of your company won't subject you to the requirements of the FMLA or the CFRA (50 or more employees), you may open your company up to claims under Title VII, the ADA, and FEHA for pregancy discrimination or violation of applicabile disability discrimination provisions. On the other hand, there is Title VII case law that supports the position that while the fact of being pregnant is protected, poor performance or unacceptable behaviour that may result from the condition is not. Please let me know if you'd like our firm to advise you on this issue.
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