PREGNANCY DISCRIMINATION

(415) 342-4125

Under the California Pregnancy Disability Leave Law (PDLL), employers in California with five or more employees are required to provide employees up to four months of leave for a disability due to an employee's pregnancy, childbirth, or related medical conditions.  Additionally, employers are required to provide a reasonable accommodation, when requested, to an employee affected by her pregnancy, which may include modified duties, modified work schedules, and modified furniture.  Under certain circumstances, a pregnant employee may be entitled to transfer to a less strenuous or hazardous position for the duration of her pregnancy.  Severe morning sickness qualifies as a disability under the PDLL.

An employee who has taken leave due to pregnancy, childbirth, or related medical condition generally is entitled to reinstatement to the same position she held before the leave.  If the position is no longer available, the employee may be entitled to reinstatement to an available comparable position.  However, a pregnant employee does not have greater rights than she would have had if continuously at work during the pregnancy disability leave or transfer period.

The right to take pregnancy leave is separate and distinct from the right to take leave under the California Family Rights Act (CFRA).  At the end of a pregnancy disability leave, an employee may take up to 12 weeks of leave under CFRA (provided she is CFRA-eligible) for the birth of the child, if the child has been born by that date.

If you feel that you have been discriminated against because of your pregnancy, give Martin Velez a call. You may reach him at (415) 342-4125 and at martinvelez@comcast.net.

Mr. Velez represents employees throughout the San Francisco Bay Area, including Alameda County (Fremont, Hayward, Oakland, and Pleasanton), Contra Costa County (Antioch, Martinez, Richmond, and Walnut Creek), Marin County (San Rafael and Novato), Napa County (American Canyon and Napa), City and County of San Francisco, San Mateo County (Daly City, Menlo Park, and Redwood City), Santa Clara County (Mountain View, Palo Alto, and San Jose), Solano County (Fairfield and Vallejo), and Sonoma County (Petaluma and Santa Rosa).