Legal Question in Employment Law in California

Possible wrongfull termination/ force out from the Federal JOb

My wife had an internship with this government employer for about one year, later she got hired as full time employee on Aug 6, 2007. In July 08 she went on approved FMLA (maternity leave, unpaid). Now we have requested extended leave until the end of the year due to baby is not taking a bottle. We have submitted request to her department with letter from the pediatrician stating that baby can not be with out mom as she is the only source of food at this time.

Her department heads are declining her request, because they are currently shorthanded and need her to work. And telling her to come back to work next week or else.

Can they do this?? Is there anything can be done. It seems like that they are ignoring doctor�s orders

Please email me, TX


Asked on 10/23/08, 2:05 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Possible wrongfull termination/ force out from the Federal JOb

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, and must allow up to 4 months of unpaid pregnancy leave under FEHA.

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, continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits.

If you qualify for both, you get both.

Now, if they violate those rules, contact me for the legal help you'll need.

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Answered on 10/27/08, 2:21 pm


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