During pregnancy, a mother’s body will undergo some major changes. Sometimes these changes are so debilitating that a mother will find it challenging or impossible to continue with her job duties.
California protects pregnant women by offering Pregnancy Disability Leave (PDL). This leave allows a mother to take several months of leave to see to their health and the health of their unborn baby. They may take this leave without fear of losing their jobs or their health benefits.
California mandates these important safeguards for all women employed in California, but that doesn’t mean all employers will obey the law. It’s critical that pregnant mothers make sure they receive the full support they are owed so they can focus on safely delivering their babies.
Schedule a Free Consultation with a California Pregnancy Disability Leave Attorney
If you have been denied time off for a pregnancy disability, Maison Law stands ready to help you seek justice. With our extensive knowledge of California and federal pregnancy leave laws, we assist women in filing claims against employers to secure back pay, benefits, and job reinstatement after being treated unfairly during such a vulnerable time.
Contact us for a free PDL case consultation that comes with no obligation to you. We want to hear about the leave time that’s been denied to you and talk over all of your legal options. This free case review is completely confidential.
Pregnancy Disability Leave for California Mothers
California’s Pregnancy Disability Leave is meant to allow women to take leave from their jobs for a pregnancy-related disability. This leave can extend for as long as a pregnant mother experiences a disability that would keep her from performing her job duties. The leave can be taken before or after the birth of the baby.
Women have access to 4 months of pregnancy disability leave, but more time away may be granted if needed. This disability leave is available to all women, including immigrant workers who are documented or undocumented. Women may access PDL no matter how long they’ve worked at a company.
A California business with five or more employees must provide PDL. The employer does not have to pay the employee during her pregnancy leave but would continue to pay for the continuation of group health benefits if the employer normally pays for those benefits. These benefits are also available to part-time workers. There is no minimum worked hours in a week or in a year to receive PDL benefits.
An employer has the right to ask for written medical certification (a doctor’s note) to confirm the pregnancy disability. The employee should give a month’s notice before utilizing PDL if possible.
California’s Civil Rights Department (CRD) provides a Pregnancy Disability Leave Factsheet that details how PDL may be taken for these and other pregnancy complications:
- Prenatal or postnatal care.
- Severe morning sickness.
- Doctor-ordered bed rest.
- Recovery from childbirth.
- Emotional recovery time for the loss or end of pregnancy.
- Other related medical conditions.
There are a lot of qualifications and rights for expectant mothers to keep track off. In addition, there may be further leave benefits available for mothers through the California Family Leave Act (CFLA) and the Federal Family and Medical Leave Act (FMLA). It’s wise for mothers to go over their benefits and options with a skilled California Family and Medical Leave Lawyer.
California Mothers Returning from Pregnancy Disability Leave
Another major safeguard for California mothers is the protection of their jobs. Employers may not fire female employees because they are pregnant or because they’ve taken pregnancy disability leave.
Mothers are entitled to return to work when they are ready.
- Mothers must be allowed to resume their former position or a similar position. A move to a different position would have to provide the same pay and benefits and have similar duties.
- Mothers must be reinstated within two business days of the employer being given notice that the employee intends to return.
A Pregnant Mother’s Right to Ask for Accommodations at Work
Mothers are permitted to keep working during pregnancy or after giving birth if they choose to. But they are legally empowered to ask for certain accommodations from their employers to help them perform their duties or make them more comfortable at work.
Mothers may ask for these and other changes in the workplace to better be able to handle their workloads and the duties of motherhood:
- Transfer to a less strenuous job.
- Transfer to a less hazardous position.
- Reduced hours.
- Intermittent leave.
- Time off for medical appointments.
- A safe and private place to pump breast milk.
Businesses should make these concessions and, in fact, it’s illegal to deny a reasonable request from an employee who is pregnant or who just had a baby. Talk with a California Pregnancy Leave Lawyer to find out how to report your employer, secure the rights you’ve had denied, without fear of losing your job.
Compensation Available for a Pregnancy Disability Leave Violation
Mothers who have faced these types of injustices while carrying a child have up to three years from the time of the violation to file a claim.
Mothers who have taken time off to deal with pregnancy disability issues or to have a child can file a claim and may be granted the right to sue their employers. Victims would file a claim with California’s Civil Rights Department.
Mothers who have been denied pregnancy leave rights could reclaim lost wages and benefits that were refused. They could also secure additional compensation for their emotional trauma as they dealt with a difficult pregnancy or the loss of a child while also fearing for their job status.
Pregnancy Disability Leave cases can also result in punitive damages that would benefit the mother. Punitive damages are penalties levied against employers for their especially poor treatment of employees. They are meant to discourage this behavior in the future, but the victim filing the claim would receive a portion of any penalties paid by the company.
Employers will also face a lawsuit if they take retaliatory action against any mother who filed a complaint or a lawsuit. Mothers fired because they spoke up about violations can sue their employer and be granted their jobs back with back pay and additional compensation.
Contact a California Pregnancy Disability Leave Attorney
Maison Law of California offers a free consultation to all mothers who feel they were harassed and blocked from their legal rights to pregnancy disability leave. This consultation is completely confidential, and your employer would not know about it.
It’s a no-risk way to find out if you have a strong case against your company for unfair treatment at such a delicate time in a mother’s and a child’s life. It’s also a good chance to learn what you should demand from an employer in compensation for making you fight for rights that are legally guaranteed.
Our California Family and Medical Leave Attorneys have extensive knowledge of state and federal employment laws and we use that knowledge to the benefit of our clients. Don’t put up with an employer who doesn’t value and protect your rights as a mother for another minute.
