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San Diego Pregnancy Disability Attorneys

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    San Diego Pregnancy Disability Lawyers

    The PDL or pregnancy disability leave is time off work that a woman takes because of a pregnancy, childbirth, or other childbirth-related conditions. In most cases, pregnancy is a time of joy for families. However, sometimes when it comes to the workplace, pregnancies put a physical strain on a woman’s body and make work challenging at certain times. The conditions that qualify for taking PDL are that it affects a woman’s duties in the workplace.

    A PDL covers any events of childbirth or pregnancy and is helpful after events like; physician-ordered bed rest, birth, recovery from childbirth, prenatal visits, prenatal care, and severe morning sickness. Before these events, though, the company is responsible for making every reasonable effort to accommodate the employee in need. A company can only deny these accommodations if it offers evidence that such accommodations will cause a burden.

    If your employer fired, disciplined, or otherwise discriminated against you due to your pregnancy, call San Diego pregnancy disability lawyer today for your free claim evaluation. We have the experience to identify violations of your legal rights and the resources to pursue just compensation against any employer.

    If you believe an employer is violating the law, contact Haeggquist & Eck, LLP. Call (619) 342-8000 to schedule a free initial case evaluation.

    Table of Contents

    Can an Employer Fire an Employee for Pregnancy?National Award

    No employer can fire an employee due to pregnancy. Employers and co-workers cannot harass a female employee because she is pregnant. In extreme or rare cases, if an employer is firing an entire department, or she has a reputation of being a lousy employee, then can an employer fire her. Above all else, it is forbidden for an employer to discriminate against an employee based on her pregnancy.

    Getting Legal Help

    The process of arranging to receive temporary disability benefits is relatively easy. However, the question remains: How can a woman know if she should consider consulting an attorney?

    We can help women understand if and when anti-discrimination laws apply to them. An employee who is the subject of discrimination or cannot take time off should consult our disability or employment lawyers immediately. All pregnant women have rights under the law.

    California Pregnancy Disability Leave Law

    Under California’s pregnancy disability, an employer cannot discriminate against a pregnant woman. The law also requires employers to give employees at least four months off for pregnancy, childbirth, and pregnancy-related conditions. Like the Family Medical Leave Act, temporary leave is unpaid and not maternity leave. There is no intention to offer the benefits that medical disability does, either. The California Family Rights Act provides 12 more weeks and four months of pregnancy leave. In total, this is potentially seven months off from work.

    California is also one of the very few states that offer some paid leave benefits for employees who are temporarily unable to work. The PFL protects new parents and allows up to six weeks of partial wage replacement when parents take off to bond with a new child. Bonding with a child applies to couples and not just women.

    Childbirth qualifies as an event that allows for partners to have the same opportunity to bond with a child as the mother. Other states may not have legislation that permits this amount of time for a new family compared to California. Requirements for receiving Paid Family Leave are similar to the regulations for receiving short-term disability insurance.

    California’s Family Rights Act

    The California Fair Employment and Housing Council now incorporate rules to prevent or discourage harassment and discrimination as of 2016. The rules and regulations serve to protect pregnant women.

    The Family and Medical Leave Act grants a pregnant woman the opportunity to take time off. Meanwhile, California’s Family Rights Act’s 12 weeks under the law applies to postpartum time only.

    During the leave, the employer must continue to provide health care benefits. Notably, the same benefits a woman receives before her departure. Employees are still to pay their portion of the premiums. An employee pays after-tax, which means premiums will cost more upfront than before.

    Pregnancy Disability Law in California

    In combination with California law, federal law requires most providers to give employees leave. The FMLA covers the time taken off due to pregnancy; however, California’s Family Rights Act does not. When the employee can work again, she can use her Family Rights Act leave for parenting. She will have a full 12 weeks of leave to take off. California is much more generous than other states in this aspect.

    Pregnancy Disability in California—Four Months

    Expecting employees have every right to maternity leave for childbirth, but they also have the right to time off for disabilities related to pregnancy. Most employers have five or more employees, including most businesses in California. These numbers enact the Fair Employment and Housing Act in the state. Should an employer expect intermittent maternity leave, employers can explore a temporary transfer to a similar position with equal pay and benefits.

    California Pregnancy Disability Leave: How Much Leave Can I Take?

    While employers can hire temporary staff to fill in during an employee’s absence, the company must still allow the employee to return to their previous position or a similar position with equal pay.

    Any woman who qualifies for Pregnancy Disability Leave can take their leave on an as-needed basis. It is wise to take leave in small increments rather than for weeks at a time. Employers have a duty and legal responsibility to treat the Pregnancy Disability Leave like all other temporary disabilities. This responsibility means that policies that apply to temporarily disabled workers must also apply to pregnant women.

    Notice to The Employer And Return to Work

    Employees should provide their employer with at least 30 days’ notice before taking Pregnancy Disability Leave. They do not require much notice, though, for medical emergencies.

    Finally, when an employee returns to work, employers are to accommodate reasonable recommendations. If you run into any issues with pregnancy disability leave, contact a lawyer immediately.

    Contact a San Diego Pregnancy Disability Lawyer Today

    Alreen Haeggquist
    Alreen Haeggquist, Pregnancy Disability Law Attorneys

    Do you believe your employer has discriminated against you for being pregnant?  Contact the experienced team of San Diego pregnancy disability lawyers at Haeggquist & Eck Law can protect your rights.

    Haeggquist & Eck, LLP – Local Office

    225 Broadway #2050
    San Diego, CA 92101


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    Call our firm today to find out how we can fight for you: (619) 342-8000

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