Pregnancy Leave Retaliation

Under California statute, expectant mothers are entitled to take time off from work for prenatal care and pregnancy-related health conditions. While most bosses are understanding and supportive, some employers hold a grudge.

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.

Pregnancy Disability Leave (PDL)

The California Family Rights Act (CFRA) allows for maternity leave, but not pregnancy leave. However, pregnancy disability leave is recognized under California's Fair Employment and Housing Act, as well as federal FMLA law.

A pregnant woman can take up to four months of job-protected leave for pregnancy-related disabilities, complications and other reasons, including:

  • Prenatal care appointments
  • Severe morning sickness
  • Doctor-ordered bed rest
  • Premature labor
  • Childbirth and recovery
  • Postpartum depression
  • Miscarriage or abortion

Taking pregnancy disability leave does not cancel or count against a woman's 12 allotted weeks of CFRA leave for baby bonding or caring for a seriously ill newborn.

Discrimination And Retaliation

Your employer, supervisor or co-workers cannot harass you, discipline you or dock your pay for going to the doctor or for frequent restroom breaks. You cannot be terminated, transferred or demoted for taking pregnancy leave. Your employer cannot refuse to grant PDL leave if you provide reasonable notice and medical documentation. Your employer cannot plot to fire you the day after your PDL expires.

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 714-462-3017 or toll free at 866-545-2415.

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