Legal Question in Employment Law in California
im returning to work from maternity/fmla leave. i worked in the la/valley areas before my leave. my boss is sending me to san bernardino when i return. is this legal? this is not the job i had before i left. he is forcing me to quit. i cant drive 160 miles a day to go back and forth to work. he also knows i have a child now who i have to drop off and pick up from day care. working in san bernardino will not allow me to do this. he is making it very difficult for me. also he just hired someone a few weeks ago for my position. why would he do that when he knew i was returning.
3 Answers from Attorneys
Your employer is required to allow you to return to the same or substantially same job as the one you left before your maternity/FMLA leave, unless there are overriding reasons not do so. You should consult with an employment law attorney in your area for a case evaluation, advice and to review your legal options.
Depending on a number of factors, you may have a case against your former employer for pregnancy discrimination and/or failure to provide medical leave. Feel free to call Eisenberg & Associates, where I am an attorney, for a free consultation at (213) 201-9331. We are located in Los Angeles (Koreatown).
Yes, it certainly appears the company may be in violation of the discrimination laws and your rights.
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.
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 because of a �SERIOUS health condition� [that is properly confirmed and documented by the doctor], 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'.
If you qualify for both, you get both. If you are out longer than those guarantees, they can terminate you.
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. Give me a call at 714 960-7584
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