California Maternity Leave Laws and Pregnancy Discrimination

As a new mother, you deserve the time needed to bond with your baby, care for yourself, and ensure the stability of your new family before returning to work. When employers deny new mothers maternity leave, Kesluk, Silverstein, Jacob, & Morrison is here to help.

What Working Mothers Need to Know About Maternity Disability

An expectant mother has more than enough to contend with without also dealing with the stress of her employer’s pregnancy discrimination. That is why there are discrimination and California maternity leave laws in place. They should help women who have been the victims of pregnancy discrimination fight back against their employers. If you or a loved one has been the victim of pregnancy discrimination that involved an employer refusing to hire, denying benefits, or failing to provide reasonable accommodations because of a pregnancy, then an experienced discrimination attorney at our Los Angeles employment law firm can help. We have successfully represented hundreds of workers throughout California to protect their workplace rights. This includes representing parents discriminated against because of pregnancy, after giving birth, and those dealing with maternity disability.

What Protections Are There for Women in the Workplace?

Pregnancy Lawyer Explains California Maternity Leave Rights for Women

Pregnancy affects different women in different ways. As a result, maternity leave laws, such as the Fair Employment and Housing Act (FEHA) and the California Family Rights Act (CFRA), protect mothers needing maternity leave or pregnancy disability leave. For example, any eligible employee under the Family Medical Leave Act (FMLA) and CFRA can take California maternity disability pregnancy leave that includes:

A pregnancy disability entitles an employee to up to four months of disability leave
An employee can take leave during any period of time prior to or after birth that the woman is physically unable to work because of pregnancy or a pregnancy-related condition
If her physician advises her, a woman can request a transfer to a less physically demanding or dangerous position during her pregnancy
Upon returning from maternity leave or transfer, employees are required to be able to return to the same position they were in prior to their pregnancy leave or transfer

However, not all employers treat pregnant employees lawfully. These employers attempt to get away with mistreating pregnant women through their hiring, firing, and management practices.

Examples of Pregnancy Discrimination

The Pregnancy Discrimination Act protects employees taking pregnancy leave or pregnancy disability leave from discrimination in the workplace. Common unfavorable treatment for women on California maternity leave include:

Is it discrimination to not hire a pregnant woman? Yes, refusing to hire a woman who is pregnant as long as she is able to fulfill her job duties is discrimination.
Is it legal for my employer to refuse to change my job duties during my pregnancy? Not allowing a pregnant employee to modify or perform alternative job duties if the employer allows other temporarily disabled employees to do so is pregnancy discrimination.
Can my employer cancel my benefits while pregnant? No. Not providing benefits to an employee on pregnancy leave is discrimination if the employer provides benefits to employees on other types of leave.

The Legal Support and Guidance You Deserve

Decades of Experience

For more than 30 years now, Kesluk, Silverstein, Jacob, & Morrison has been supporting hardworking families in Los Angeles and the neighboring communities. When you need an experienced maternity leave attorney to help you ensure that justice is done, our team is here for you. We’ve spent decades leveling the playing field against well-funded employers and large corporations who don’t treat their employees right.

Support. Knowledge. Expertise.

It’s an unfair world out there, and you’re absolutely not alone if you’ve felt that you’ve been wronged by an employer but lack the skills, knowledge, and resources to effectively hold them accountable. Here at KSJM, we’ve been delivering legal hammer blows to errant companies for years, and we’ll be excited to learn more about how we can help you navigate the particulars of, your maternity leave case.

You Don’t Pay Unless We Win

Your first consultation with an experienced Los Angeles maternity leave lawyer will be completely free, giving you the opportunity to get comfortable with us as we help you understand the particulars of your case. We work exclusively on a contingency fee basis, so you won’t pay anything unless we guide you to a successful outcome. If you’d like to learn more, reach out and schedule your initial call with us today.

Dealing with Pregnancy Discrimination or Employer Retaliation for Using Maternity Leave?

No employer has the right to mistreat an employee or potential employee due to pregnancy. Our California maternity leave discrimination attorneys can review your case during a free consultation. We can then guide you through the complexities of pregnancy disability or maternity leave laws. You should get the compensation you deserve. We can also guide new dads in their rights to maternity leave for fathers. Our law firm is ready, willing, and able to help you. So, please contact our Los Angeles office today.