Women in Silicon Valley should be aware of their rights in the workplace upon return after pregnancy. Rights may vary based on the duration of pregnancy leave.

CA Women’s Pregnancy Leaves that are Four Months or Less
Bay Area women who have taken pregnancy leave of four months or less are entitled to return to the same position. An employer can only reinstate a woman to a comparable position if her position is no longer available. An example of when a position would no longer be available is if there was a layoff due to a plant closure. In this instance, the employer should offer the woman a position that is similar in pay, location, job type, and promotional opportunities. If the employer does not do this, he/she must be able to show that no comparable position exists. It is against the law for an employer to refuse to return a woman to her job if they prefer her replacement to her, or if during absence the employer identified inefficiencies in the woman’s job performance.

California Women’s Pregnancy Leaves Greater than Four Months
If you are a woman in Northern CA returning to work after a leave of greater than four months, you still have rights upon going back to work. If pregnancy disability extends beyond four months, or if a woman takes an elective leave that is not a California Family Rights Act (CFRA) leave, the woman is entitled to the same rights given to other employees who have taken non-pregnancy related leaves.

If you are a woman living in the Bay Area, and you believe that your rights upon returning to work after a pregnancy leave have been violated, please contact us at Law Offices of David H. Greenberg at (1-888-204-1014) for a free consultation or visit us at www.discriminationattorney.com. Our experienced employment attorneys can help you determine if you have an employment claim, and we will walk you through the process of protecting your rights.