Pregnancy Leave of Absence Lawyer
A Hero for Career Moms in Los Angeles
A pregnancy leave of absence must be granted in any case where the employer has five or more employees. An employee is eligible for this leave of absence regardless of their length of employment. A pregnancy leave of absence is unpaid and may last up to four months. At Alan Burton Newman, PLC, our Los Angeles employment lawyer wants to help protect your right to pregnancy leave.
Employers sometimes resent holding a job open for four months and resist this leave of absence. However, the rights of pregnant women are paramount. If you are facing resistance, discrimination, or retaliation from your employer because of a pregnancy leave of absence, you are protected from this treatment by the law.
Contact Alan Burton Newman today at (310) 986-2792 for a consultation of your pregnancy leave of absence case.
Your Rights Under the California Family Rights Act
The California Family Rights Act (CFRA) governs leave requirements for California employers. In addition to the leave requirements covered under the CFRA, employers with 5 or more employees also have obligations placed on them by California's Pregnancy Disability Leave (PDL) law.
A California employee who is incapable of working due to pregnancy is entitled to as much as four months of unpaid disability leave, which she may take before or after the birth, or during any period in which she is physically unable to work because of pregnancy or a pregnancy-related condition.
Employees have the right to take pregnancy disability leave as well as leave they are entitled to under the CFRA. For example, an employee can use her four months of allotted pregnancy disability leave for her pregnancy, and she can take a leave of 12 weeks to bond with her newborn.
What Is My Responsibility as an Employee?
In some cases, employers can deny maternity leave if they were not properly notified. You should give your employer notice as soon as possible about your need to take maternity leave. In your notice, inform your employer of the estimated date and duration of your pregnancy leave. Giving your employer written notice at least 30 days before your leave helps to protect your rights should issues arise.
Do I Have a Right to My Job After Taking a Pregnancy Leave of Absence?
Yes, you do. Your employer cannot fire you or otherwise discriminate against you after taking a maternity leave of absence. Your employer must give you back your same job or a comparable position. However, some employers may try to cite business reasons for releasing you after a leave of absence. If this happens, they must be able to prove your termination was not related to your pregnancy leave of absence.
Acting to Protect Your Rights Is Important
Employees who are pregnant are protected from discrimination. Employers are not allowed to treat an individual differently if they are pregnant.
Examples of illegal treatment at work include:
Those experiencing discrimination must have their rights protected. Our firm can help you. We understand the California and federal laws that protect your rights. Our Los Angeles pregnancy leave of absence attorney will fight for what’s in your best interests.
Contact Your Courtroom Superhero Today! (310) 986-2792.
Employees are afforded other rights and responsibilities concerning their salary and benefits during both types of leave, and there are specific conditions about leave entitlement and the right to return to work. Speaking with a Los Angeles pregnancy leave of absence attorney will help ensure that you know all your options for your case.
Alan Burton Newman has over 35 years of experience protecting workers. As a pioneer in the field of employment law, he has won millions of dollars for those who are have been treated unfairly by their employer. Mr. Newman prioritizes integrity, and only represents clients who are being honest. As a litigator trained in the prestigious halls of Harvard, Mr. Newman is the superhero that clients need in the courtroom!
Contact our Los Angeles pregnancy leave of absence attorney today at (310) 986-2792 to schedule your consultation.
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