In California, maternity leave is governed by several laws that protect the rights of expecting mothers. Ensuring that employees have the right to take time off during and after the birth of their child.
Pregnancy Disability Leave (PDL): If an employee has a disability related to pregnancy or childbirth, they can take up to four months of maternity leave. Your employer may require a written medical certification from your healthcare provider substantiating the need for your leave.
Family Leave: Employees working for employers with five or more employees are entitled to take up to 12 weeks of family leave.
California Family Rights Act (CFRA): provides most employees in California with the right to take up to 12 weeks of unpaid leave to bond with a new child or recover from a serious health condition.
When returning to work after maternity leave, you have several legal protections under Federal Law (PDA and ADA):
If your employer has 15 or more employees, you’re protected against pregnancy-based discrimination and harassment. You cannot be fired, rejected for a job, or given lesser assignments due to pregnancy or related medical conditions.
Family and Medical Leave Act (FMLA): You have the right to return to the same job after ordinary maternity leave. If you’ve taken more than 26 weeks (additional maternity leave), you still have the right to return to your job on the same terms as before you left.
If your employer fails to comply with the legal protections related to maternity leave, consider taking the following steps:
Maintain documentation and keep records of any discriminatory actions, conversations, or incidents related to your maternity leave. This documentation will be crucial if you need to take further action.
If an employer has denied you maternity leave, or discriminated against you after you returned to work from a maternity leave, contact Sani Law today for a free consultation.
