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Pregnancy/Parental Leave Discrimination

State and federal laws forbid discrimination in the workplace on the basis of pregnancy, childbirth, and/or pregnancy-related medical conditions. Some examples of pregnancy discrimination may include, but are not limited to: termination of or refusal to hire a woman because she is pregnant; involuntary job transfer and/or elimination of job duties; denial of lawful pregnancy leave; refusal to reinstate a woman to her prior job position after taking pregnancy leave; and, denial of leave to bond with a child after adoption.

Pregnant employees are guaranteed pregnancy-related medical leave by at least two California laws. Under the California Pregnancy Disability Leave (“PDL”) law, employers must provide up to four months of disability leave (and in some cases more under the California Fair Employment and Housing Act) to women who are disabled due to pregnancy, childbirth, or related medical conditions—which may include morning sickness, bed rest, or time off for prenatal care. PDL may be taken before and/or after the pregnancy. Separately and independently, an employee (woman or man) may be eligible for leave under the California Family Rights Act (“CFRA”), allowing for up to twelve (12) weeks to bond with a baby.

Lastly, pregnancy-related impairments (e.g. gestational diabetes, post-partum depression) may qualify as other disabilities under both federal and state law.

If your employment has been negatively effected by your pregnancy or the birth of your child, your employer may have violated your legal rights and you should contact us immediately. The Berenji Law Firm is committed to protecting you and your family’s right to have a child without the risk of losing your job and related benefits.