Pregnancy Leave Retaliation

When you are pregnant, your and your baby's health is your number one priority. While most bosses are understanding and supportive of that some employers hold a grudge if you try to take time away.

California Employment Counsel, APC, stands up for pregnant women who are harassed, demoted or fired for exercising their right to pregnancy leave. Our experienced attorneys have a good track record of holding wayward employers accountable for their hostile and illegal retaliation, and can help you do the same for your employer.

Your Rights Under Law

It is crucial that you understand what your rights are. This will allow you to push back and feel confident.

  • You have a right to leave for pregnancy-related disabilities and complications. Disability caused by pregnancy is recognized under California's Fair Employment and Housing Act, as well as federal FMLA law. You are entitled to up to four months of job-protected pregnancy disability leave (PDL) for pregnancy-related complications and disabilities, including prenatal care appointments, severe morning sickness, doctor-ordered bed rest and more. This can also include disabilities that occur after the baby is born, such as recovery from childbirth and postpartum depression.
  • You have a right to maternity leave. The California Family Rights Act (CFRA) provides for 12 weeks of leave after your baby is born. This can be for the purpose of bonding with your baby or caring for a sick baby.

You can take both of these periods of leave, and they do not cancel each other out or count for each other. Additionally, your employer, supervisor or co-workers cannot retaliate against you for taking leave or even seemingly small things like going to the restroom frequently. Your employer cannot refuse to grant this leave, or plan to fire you after your leave expires, and they are obligated under law to provide you with a pumping room when you return, if you need one.

Get Your Free, Confidential Consultation Today

California Employment Counsel, APC, focuses on employment law. We are knowledgeable about your rights and wise to the tactics of unscrupulous employers. You can count on us for solid advice and aggressive legal advocacy. For a free consultation with our Orange County employment lawyers, contact us online or call our Costa Mesa office at 714-462-3641.

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