Pregnancy and Medical Leave at Work

Pregnancy and parenthood are significant life events, but they should not come at the cost of your career. Unfortunately, discrimination against pregnant employees and new parents persists in the workplace. This is not only unjust, but it is illegal under both California and federal law.

What is Pregnancy and Medical Leave at Work

Pregnancy and Medical Leave refers to the legal protections that safeguard employees from discrimination based on pregnancy, childbirth, or related medical conditions. It also encompasses the right to take job-protected leave for pregnancy-related disabilities, recovery, and bonding with a new child. Key elements include:

• Protection from discrimination and harassment due to pregnancy or related conditions
• Access to reasonable accommodations, such as modified duties or flexible schedules
• Entitlement to leave for medical needs and bonding with a new child

Examples of Pregnancy and Medical Leave Violations at Work

Discrimination related to pregnancy can manifest in various ways, including:

• Unfair treatment, such as being fired, demoted, or denied promotions due to pregnancy
• Denial of benefits, like health insurance, bonuses, or training opportunities
• Refusal to provide reasonable accommodations, such as extra breaks or lighter duties
• Harassment, including negative comments or stereotypes about pregnancy or motherhood

Laws Protecting Your Rights at Work

Federal Protections

• Pregnancy Discrimination Act (PDA): Prohibits discrimination based on pregnancy, childbirth, or related conditions. Applies to employers with 15 or more employees.
• Family and Medical Leave Act (FMLA): Provides up to 12 weeks of unpaid, job-protected leave for pregnancy-related disabilities or bonding with a new child. Applies to employers with 50 or more employees.

California Protections

• Fair Employment and Housing Act (FEHA): Prohibits discrimination and harassment based on pregnancy and related conditions. Applies to employers with 5 or more employees and requires reasonable accommodations.
• Pregnancy Disability Leave Law (PDL): Grants up to 4 months of unpaid leave for pregnancy-related disabilities. Applies to employers with 5 or more employees.
• California Family Rights Act (CFRA): Provides up to 12 weeks of unpaid leave for bonding with a new child. Applies to employers with 5 or more employees.

How to Protect Yourself if You Experience Pregnancy and Medical Leave Violations at Work

If you believe your rights have been violated, consider these steps:

1. Document Every Detail: Note dates, times, and specifics of discriminatory actions or leave denials. Retain emails, texts, Slack or Teams messages, or reviews. It is critical that you not only document everything but also keep a copy of everything for yourself. Save a copy of everything for yourself. If you use a work email, upon termination or constructive discharge, you will be immediately locked out of the system. So, it is important you have a copy of everything saved in real time. Do not wait until it is too late.
2. Identify Witnesses: Ask coworkers if they observed or experienced similar treatment.
3. Report to Your Employer: Submit a written complaint through your company’s HR or complaint process regarding discriminatory actions or leave denials.
4. Consult an Attorney: Consult a California employment lawyer to evaluate your options and build a case.

Time is critical, missing deadlines can weaken your claim.

Act Now to Secure Your Rights

Given the deadlines to bring these claims, it is important to act fast. California law provides powerful protections, and an experienced attorney can help you take action. Staggs Law is committed to protecting employee rights across California.

This is not legal advice and does not create an attorney-client relationship.