San Francisco Maternity Leave
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.
Frequently Asked Questions
What is the CA New Parent Leave Act?
The California New Parent Leave Act (NPLA) was an act permitting eligible employees at companies with 20-49 employees within a 75 mile radius to take up to 12 weeks of unpaid parental leave.
The NPLA has since been repealed and replaced by the California Family Rights Act, which permits up to 12 weeks of unpaid parental leave to all eligible new parents at companies with five or more employees, with no geographical restrictions.
What are the challenges of pregnancy at workplace?
Working while pregnant can pose a number of challenges.
- Maintaining a demanding schedule that conflict with physical limitations
- Performing work tasks that require long periods of standing or heavy lifting
- Managing work-related stress that could harm the pregnancy
- Receiving protected leave to achieve a healthy pregnancy
- Pursuing accommodations to allow continued employment during pregnancy
Can an employee be dismissed because she is pregnant?
No, pregnancy is considered a protected status under the federal Family and Medical Leave Act (FMLA), the Pregnancy Discrimination Act (PDA), and the California Family Rights Act (CFRA). Workers cannot be fired for being pregnant. Furthermore, employers must provide them with reasonable accommodations to allow them to continue their employment.
How many hours can a pregnant woman work a day?
Pregnancy does not automatically affect how many hours an employee is able to work per day. Most, can continue to work full time. However, during high-risk pregnancies or other situations where working these hours may harm the employee or the pregnancy, an expecting mother can request alterations to her schedule as a reasonable accommodation.