MATERNITY LEAVE DISABILITY       

                Women who are employed by employers with five or more employees in California are eligible for maternity leave disability (Pregnancy Disability Leave - PDL). Besides merely taking four months off for maternity leave, pregnant women may also take time off before their pregnancy due to pregnancy-related disabilities.           

                The total number of absences due to pregnancy cannot exceed four months unless the employee is also covered by the California Family Rights Leave Act (CFRA), which provides similar job rights as the Family Medical Leave Act (FMLA). Eligible pregnant women might be able to take up to 7 months due to pregnancy-related medical conditions.           

                Maternity leave covers time required to give birth and then recover, post-partum issues, and, potentially, time spent giving special care to a new born baby. To trigger these employment rights, the employee must request time off for pregnancy-related medical conditions. This request does not have to be in writing, but prudent practices dictate a written record and providing beginning/end dates when possible. Lawsuits typically involve employees losing their jobs or being reinstated to an inferior position after maternity leaves.           

                To determine if you were unlawfully denied your Full Pregnancy or Maternity Leave Rights CALL (323) 525-1600 for Experienced Pregnancy Discrimination Lawyers           

                The term Pregnancy Disability Leave (PDL) refers to time off needed due to pregnancy-related medical conditions, both before and after childbirth. The California Code of Regulations suggests 30 days' notice for a PDL request, but this is often waived for sudden medical conditions or emergencies.           

                Employees on PDL are supposed to be reinstated to their job or a comparable job. Payment options include using available sick time, PTO, vacation, or opting for short-term disability through the EDD. If an employee is fired for asserting their PDL right, they have grounds for a wrongful termination lawsuit.           

Employer Liability and Case Results

                Employers who deny PDL are liable for lost wages, emotional distress, punitive damages, and potential penalties of $10,000.00. They must also pay the reasonable attorney fees and costs of the employee who wins the lawsuit.           

Substantial results for pregnant women who were fired or mistreated included:

               
• $365,000 following a won jury trial for an employee refused accommodation for lifting restrictions.
               
• $342,500 in 2018 dollars for a warehouse worker forced to violate lifting restrictions.
               
• $168,000 in 2018 dollars for an employee fired due to a pregnancy-related medical appointment.
               
• A jury verdict with punitive damages for a warehouse worker mistreated due to pregnancy.
               
• Multiple $125,000–$150,000 settlements.
           

*The above case results are neither a guarantee nor prediction of future success.*

                Pregnancy discrimination occurs when pregnant women are denied the same job opportunities as non-pregnant women—for instance, being prevented from traveling, which affects advancement or earning potential. A failure to allow a pregnant woman to do work she normally does is discrimination if neither she nor her doctor has requested such a restriction.           

                We focus on cases that fall into clear categories:               

                   
• Failure to accommodate a pregnancy-related medical restriction (discrimination).
                   
• Job termination (job discrimination).
                   
• Active harassment due to pregnancy.
               

What is Pregnancy Harassment?

                Obvious examples of pregnancy harassment involve situations in which the employee is made fun of, including taunting or making disparaging remarks about their presence and physical abilities. Forcing an employee to perform tasks that violate her pregnancy restrictions might be both a failure to accommodate and harassment, especially if the supervisor intends to make the employee miserable.           

                *We only represent employees on a contingency basis and are only paid when and if we collect from the employer.*           

                Get results, call an experienced employee law firm at (323) 525-1600. We handle employee lawsuits all over California from our offices in Bakersfield, Los Angeles, Sherman Oaks, Oxnard, San Diego, San Francisco, San Jose, Riverside, Tustin, Torrance, and Ontario.