IF YOUR BOSS IS REFUSING TO GRANT YOU PREGNANCY LEAVE, YOU MAY HAVE A LEGAL CLAIM. CONTACT NORTHERN CALIFORNIA EMPLOYMENT ATTORNEYS TO FIND OUT MORE.
Federal Title VII does not explicitly require employers to grant pregnancy leave. However, it does prohibit pregnancy discrimination. In addition, Title VII does required employer to grant medical leaves which are applicable to pregnant women. However, California’s Fair Employment and Housing Act (FEHA) does specifically give women the right to take a leave of absence for a reasonable time that does not exceed four months. A “reasonable period” of time is the period when a women is considered “disabled” because of her pregnancy or related medical conditions. “Disabled” simply means that she cannot work. An employer is not required to pay the employee during this time.
It is important to note that employers generally cannot force an employee to take pregnancy family medical leave. However, if an employer can show that a woman absolutely cannot do her job, or is “disabled” by the pregnancy, he may be allowed to make her take a leave of absence.
An employer also has the duty to “accommodate” a worker’s pregnancy. This means that if a woman’s doctor recommends she work in a less strenuous or hazardous position, the employer must transfer her to another position or create one. The employer is exempted from this requirement if the accommodation would be an undue burden on the employer. If you are pregnant and your employer has denied you leave, get help today. Contact the attorneys at Greenberg & Rudman LLP. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here to help you.
