Pregnancy DiscriminationAre you being victimized by pregnancy discrimination at work?
What is the best country to live in for pregnant women or women who are planning to have children? Is it the United States? France? Canada? No…..the answer is Estonia. Estonia is a European country that borders Russia and Finland. It provides a little over 2 years of paid maternity leave.
Pregnancy Discrimination in the United States
For those of us living in the United States, we have several laws that ensure discrimination based on pregnancy and child rearing is illegal and that women and men who have new additions to the family can take the time to bond and care for the new arrivals. Hopefully we will catch up to Estonia sometime soon but until then, women need to know what their rights in the workplace are.
Do I Have a Case?
If you are wondering if you have a case, consult one of our experienced pregnancy discrimination attorneys in Los Angeles. Yedidsion Seber Yedidsion LLP is fortunate to have a dedicated group of pregnancy discrimination attorneys with the manpower and experience to successfully challenge any employee discrimination issues.
Discrimination Protection in California
California is one of the strongest advocates for the rights of pregnant women in America. There are 4 categories of protection provided under state law covering:
- Reasonable accommodation
- Pregnancy disability leave
- Bonding leave
In addition to this, there are federal laws that protect pregnant women from loss of their job, loss of seniority because of pregnancy and maternity leave and loss of insurance benefits. YSY Law will be your pregnancy discrimination lawyer in Los Angeles that will fight for your right to have children and still hold a job.
Provided that your employer already pays for health benefits your health insurance coverage has to remain in place for up to four months. You must be treated the same as any other employee with a disability who has health benefits.
If employers provide for paid sick leave or vacation time, you can use that paid leave to receive pay during what would otherwise be unpaid maternity leave. Under state law, you are entitled to four months of unpaid maternity leave. If your employer agrees, you can extend your leave by adding your unused sick leave or vacation leave.
In addition to pregnancy leave, you may be entitled to 12 weeks of unpaid leave under the California Family Rights Act (CFRA) or the Family & Medical Care Leave Act (FMLA). This leave is intended to allow parents to bond with infants or an adopted child, as well as to care for a parent, spouse or child who had a life threatening medical issue.
Pregnancy Disability Leave
The law requires a total of four months of disability leave for pregnancy related issues. The leave can be spread over time. If a woman has need of time off due to morning sickness in the early stages, this will be deducted from the overall time allocated. A woman does not have to be a full time employee to qualify for protection under the Fair Employment and Housing Act.
Time off is legally required to be provided for pregnant women disabled by pregnancy and childbirth or a related medical condition. Doctor ordered bed rest, childbirth and recovery, prenatal care and severe morning sickness are some of the covered conditions connected to the FEHA or PDA. Only the woman’s personal doctor or medical consultant can determine and verify whether or not disability from pregnancy exists. Employer paid physicians are not eligible to make this determination.
Pregnancy Requires Employers to Provide Reasonable Accommodation
As in any disability provision, employers are required under California and Federal law to provide reasonable accommodation for pregnant women. This may be in the form of more frequent bathroom breaks, providing a chair or stool to be used while performing duties, allowing time to rest or a reduced work schedule. As long as the request doesn’t impose an undue hardship on the employer, it must allow pregnant women to work with accommodations to their temporary condition.
Requirement of Notification
Employers must be given at least 30 days notice before a pregnancy leave is to begin. Dates indicating the beginning and end of the leave should be given unless medical circumstance prevents this, as in a premature delivery and birth.
Returning to Work after Pregnancy Leave
Women are guaranteed the right to return to work at the same position and with the same benefits and seniority as long as the request is within the four month total leave period. Reinstatement must occur unless the job doesn’t exist because of other issues. In this case the returning employee must be given a comparable position with the same pay, benefits and seniority as the original position provided.
Additionally, an employer cannot refuse to reinstate a woman returning from pregnancy leave because of alleged deficiencies in her work that existed prior to her leave.
What to do if Pregnancy Discrimination is Suspected
Protect your rights. Contact one of our experienced pregnancy discrimination lawyers in Los Angeles to ensure you are not forfeiting any rights awarded to you under state or federal law. We offer a no charge consultation so we can review the fact of your case and advise you on the best course of action. There are time limits for filing discrimination cases. Don’t miss your deadline because of lack of information.
Before accepting any settlement, or speaking with an attorney from your employer, call our office at 310-402-2775 to have one of our experienced pregnancy discrimination attorneys in Los Angeles evaluate your case. We offer a confidential consultation at no charge.
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At Yedidsion Seber Yedidsion LLP, our lawyers in Los Angeles work diligently with our clients to achieve the maximum settlement while protecting your legal interests every step of the way. Let us evaluate your case today, at no charge.
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