Employment Violations During And After Pregnancy
Preparing for and bringing home a new child is an exciting but stressful time. Whether you’re currently pregnant or you’ve just welcomed a child into your home, you may need extra time and accommodations to adjust to parenthood. The California Family Rights Act, the Fair Employment and Housing Act; and the Pregnancy Disability Leave law all protect you if you need these accommodations during or after a pregnancy or adoption.
Despite these protections, some employers still attempt to penalize parents for prioritizing their new family. If you’ve suffered from discriminatory practices due to a pregnancy or parental leave, you need legal help.
At Le Clerc & Le Clerc LLP in San Francisco, our attorneys have more than 35 years of combined experience helping pregnant employees and new parents protect their rights. Pregnant people and new parents can face many obstacles at work that may actually be signs of discrimination or illegal treatment. We can make sure you are being treated fairly during and after your pregnancy.
Do You Know Your Rights?
Employers are required to provide accommodations for pregnant employees. This can include accommodating for morning sickness, providing a flexible schedule and complying with restrictions provided by the employee’s doctor.
An employer cannot require an employee to take a pregnancy leave unless she requests it. In California, the Pregnancy Disability Leave Law allows employees to take up to four months of leave before or after giving birth if she is unable to work due to her pregnancy or a pregnancy-related condition. Additionally, the California Family Rights Act allows employees to take up to 12 weeks of leave to bond with the baby or adopted child.
You have rights and may be able to file a claim if you were not allowed to come back to work after taking leave, if you were replaced while out on leave or if your position changed after returning to work. If your position does change after returning to work, the position needs to have the same promotional opportunities.
We Can Help You Explore Your Legal Options
Our attorneys can help you understand your legal options under state and federal pregnancy employment laws. We have experience handling all types of pregnancy-related employment issues, including:
- Pregnancy Disability Leave Law
- Accommodations for pregnancy
- Types of disabilities related to pregnancy and childbirth
- Baby bonding leave requirements
- Paternity Leave options
- Reinstatement guidelines after taking pregnancy leave
- Lactation Rights
These claims can be complex and require skilled lawyers to evaluate the specific details in your case. We have the knowledge and experience to handle every aspect of your claim.