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.

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Can an Employer Fire an Employee

for Pregnancy?

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.

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 Paid And Disability

Family Leave

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

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.

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