Legal Question in Employment Law in California

Generally, women may take up to 4 months off for pregnancy related disabilities, if they work for a California employer of 5 or more employees. If you can medically document that a medical condition related to your pregnancy prevents you from performing your job, you should be able to take medical leave.

But why have you not been paid for 3 months? If you are a non-exempt employee, you should be paid earned wages no less than 2 times a month. If you are not being paid your wages, you should consult with an employment law attorney as soon as possible.

You need to promptly file a wage claim with the local offie of the Labor Commissioner, to collect your back pay with interest and penalties. If the case is contested by the employer, you can hire an attorney, and if you win you are entitled to have your attorney fees paid.

Trying to go out on stress leave requires a doctor's certification of medical condition, and will not get your back pay, and will adversely affect your long term employ-ability. If you need to get counsel for the wage claim, feel free to contact me.