Legal Question in Employment Law in California

If and when you are refused accommodation, or you are denied legally protected leave, or are illegally terminated, discriminated or retaliated against because of requesting or taking the leave, then you may have 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, must allow up to 4 months of unpaid pregnancy leave under FEHA, and return you to the same or an equivalent job upon return to work, with accrued benefits. Work from home would be an example of accommodation.

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 continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits. The employer can require you to use all accrued unused vacations and leave[s] as part of the 12 weeks, so as to make that portion 'paid'. 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 terminate you.

If your employer has a written policy requiring they hold your job for you for a specific period of time while on disability, longer than the FMLA / CFRA rules provide, that is enforceable.

When you are released to return to work, IF within the leave time limits, an employer is not allowed to "discriminate" by any adverse employment action like termination, demotion, harassment, hostile environment, etc. An employer is obligated to provide 'REASONABLE' accommodation of a disability upon proper medical certification of your disability and specific medical requirements necessary to accommodate you, IF accommodation can be done without substantial burden to the company, and IF such accommodation will allow you to still perform ALL the essential functions of your job. Violation and failure to accommodate is grounds for a lawsuit. Every case is determined upon its merits and all the facts.

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.