Pregnancy discrimination lawyers at the Feldman Law Firm, in California, have vast experience in handling representing the pregnant employees of Los Angeles county in pregnancy discrimination claims, claims for pregnancy retaliation, and retaliation claims under the CFRA, FMLA and FEHA for workers in need of a medical leave of absence. Many Los Angeles area workers will over the course of their employment need to take a medical leave or pregnancy disability leave. Unfortunately, many Los Angeles area workers will also fall victim to pregnancy discrimination and retaliation for taking pregnancy related medical leaves or FMLA or CFRA leaves to bond with their children. The Los Angeles area lawyers of the Feldman Law Firm lawyers have handled pregnancy discrimination and retaliation lawsuits for pregnant California workers in court proceedings and arbitrations across the State of California. Our Los Angeles lawyers have represented pregnant workers employed in different industries and in different positions, including entertainment executives, architects, accountants, as well as pregnant women employed in entry level jobs in various industries. We have also successfully represented hundreds of Los Angeles area pregnant and/or disabled California employees (as well as pregnant workers from other parets of the State) who took medical leaves of absences in claims under CFRA and FMLA. The Los Angeles based lawyers of the Feldman Law Firm can assist victims of pregnancy discrimination or FMLA or CFRA retaliation in obtaining compensation, including lost wages, medical bills, lost insurance coverage, pain and suffering, emotional distress, punitive damages and attorney's fees. If you are a pregnant California employee, or have a disability or medical condition necessitating a medical leave for which you were retaliated against, you may call us for a free consultation.
Pregnancy Discrimination Laws, California
The California Pregnancy Discrimination Law ("PDLL")[Government Code � 12945(a), 2 Cal Code Regs. ��7291.2-7291.16] requires California employers to provide up to four (4) months of leave [88 days] for employees actually disabled by pregnancy or pregnancy-related conditions.
The time is often taken all at once during the few weeks before and after delivery, but can be taken at any time throughout and after the pregnancy intermittently. In other words, you may take a block of time off like a week or a month, or you may take time off for several hours to accommodate morning sickness, prenatal visits, complications, recovery, etc.
It is important to note that California's PDLL requires California employers to provide up to four (4) months of leave for employees actually disabled by pregnancy or pregnancy-related conditions even if the employer's policies do not grant employees suffering from other short-term disabilities a similar amount of leave. In other words, unlike the federal Pregnancy Discrimination Law ("PDL"), California's PDLL requires that California employers give pregnant workers special, rather than simply equal treatment.
The California PDLL also entitles pregnant workers to a reasonable accommodation of their pregnancy or pregnancy related problems like morning sickness. Pregnant workers may be entitled to temporarily transfer to a less strenuous position (if such a job is available) for the duration of their pregnancy, then return to their prior position when they are ready and able to do so. However, no employer shall be required to create additional employment that the employer would not otherwise have created, nor shall the employer be required to discharge any employee, transfer any employee with more seniority, or promote any employee who is not qualified to perform the job.
An employee who wants Pregnancy Disability Leave must provide her employer with notice of her need for leave at least 30 days before the leave is to begin (verbal or written). If 30 days' advance notice is not practicable, due to a lack of knowledge of when leave will begin, a change in circumstances, or a medical emergency, the employee must notify the employer as soon as possible. An employer may require a medical certification, which means written communication from the employee's health care provider stating that she is disabled due to pregnancy, and which contains the date the employee became disabled due to pregnancy, the probable duration of her disability, and an explanatory statement that, due to the disability, the employee is unable to work at all or unable to perform any one or more of the essential functions of her position without undue risk to herself, the successful completion of her pregnancy, or to other persons.