Pregnancy Discrimination

– Pregnancy Discrimination In The WorkPlAce

       This should be a joyful time to prepare for a new baby that will soon come into the world but you are not sure when to begin your Maternity Leave or if you can take maternity leave.

       Most employers have an obligation to allow pregnant employees to take Maternity Leave or Pregnancy Disability Leave.

       Unfortunately, employers often see their obligations under the law as a burden and try to avoid their duties to pregnant employees.

Do I Get Maternity Leave?

       There is some overlap between Pregnancy Disability Leave (PDL), Family Medical Leave Act (FMLA), and California Family Rights Act (CFRA). So it important to understand what Maternity Leave is best for you.

       Many employers incorrectly classify Maternity Leave and Pregnancy Disability Leave time off as FMLA or CFRA and then refuse to provide time off when the employee is entitled to it.

       If you aren’t sure of what Maternity leave you are entitled to, give us a call. Most pregnant women in are entitled to time off for Maternity Leave.

Is it Pregnancy Discrimination?

       Pregnancy discrimination may have occurred if a qualified employer (5 or more employees) does any of the following because of your pregnancy:

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Denial of Maternity Leave

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Termination of your employment

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Denial of employment, promotion or scheduled pay increase

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Negative employment decisions because of your pregnancy

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Won’t provide reasonable modification to job duties or equipment to accommodate a pregnancy-related disability (work restrictions)

Pregnancy Discrimination Protections

       Pregnancy Discrimination can happen at the worst time. Being denied Maternity Leave, PDL, FMLA or CFRA creates a financial strain on new families and can cause damaging emotional stress.

       It can cost you your job and damage your family relationships at a time when unity is important. Although the law strictly prohibits it pregnancy discrimination occurs regularly.

       If you fear it is happening to you or a loved one, contact us to discuss your rights.

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