Legal Question in Employment Law in California

I have been working as an on-call employee that was promised a part-time position as soon as one was available. I went on maternity leave and came back to work, a few new people had gotten part-time and my employer told me I was no longer priority for schedule preference for shifts since the part-time employees are now priority. Can I sue them? I feel less than and discriminated against because I left to have a baby.


Asked on 9/28/12, 1:17 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

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 you are a full time employee before the leave, then you would have to be returned to full time. If you are a part time employee, then at best you would have to be returned to part time.

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� [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'.

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.

Read more
Answered on 9/28/12, 1:52 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California