Pregnancy is a protected trait under the Fair Employment and Housing Act (“FEHA”). This means that you have pregnant employee rights and an employer may not discriminate against you due to your pregnancy. You cannot be fired because of taking a leave from your job due to pregnancy. In addition, you may be entitled to certain benefits while on pregnancy leave.
Eligibility for Pregnancy Disability Leave in California
Not every woman who becomes pregnant will be eligible for pregnancy disability. FEHA has a general guideline for individuals who may be categorized as disabled by pregnancy.
While a pregnant woman is not required to become completely incapacitated by her pregnancy to be eligible, you must not be able to perform one or more of the essential functions of your job without a great risk to yourself, your pregnancy or others.
To determine whether or not your pregnancy interferes with your ability to perform your essential job duties, you may have to consult a physician. You should also consult with an employment lawyer who specializes in pregnancy disability discrimination cases.
Pregnancy Disability Leave Benefits
If you are disabled due to your pregnancy, you may be entitled to pregnancy disability leave in California regardless of how long you have worked for your employer or whether you worked full-time or part-time. You may also be eligible to maintain your employer-sponsored health plan while you are on pregnancy disability leave. You may also be entitled to be reinstated to your prior position when you resume your job after taking a pregnancy disability leave. In addition, you may be entitled to reasonable accommodations at work due to your pregnancy disability.
Are You Suffering From Pregnancy Discrimination at Work?
Pregnancy discrimination can be a complicated legal matter. If you believe that your employer discriminated against you due to your pregnancy, it is important that you contact an employment law attorney right away. Our Los Angeles pregnancy discrimination lawyer can discuss your legal rights and determine what is the best course of action for your specific case. Call us at (310) 499-0140 or contact us online through our confidential contact form.