When you are expecting a child, your focus should be on your health and your growing family, not on anxieties about your job security. Unfortunately, the question of job protection during maternity leave in California is a serious concern for many expecting and new parents.
The employment law attorneys at Betts Law Group understand the challenges individuals face when their workplace rights are violated. Our dedicated team is committed to ensuring that your rights as an employee in California, particularly during crucial life stages like maternity leave, are protected. If you are facing uncertainty about your job while on or preparing for maternity leave in California, we can help you understand your rights as a new parent to give you peace of mind and a plan of action.
Understanding Protected Leave in California
California law provides significant job protection for employees taking maternity leave. There are several pieces of legislation aimed at protecting your employment during this time:
- The California Family Rights Act (CFRA): This act allows eligible employees in California to take up to 12 weeks of unpaid, job-protected leave for family and medical reasons, including the birth and care of a new child. To be eligible for CFRA leave, you generally must have worked for your employer for at least 12 months, have worked at least 1,250 hours in the 12 months before the leave begins, and work at a worksite with at least 50 employees within a 75-mile radius.
- The Pregnancy Disability Leave (PDL) Law: This California law provides eligible employees with up to four months (actual duration depends on medical necessity) of leave for pregnancy, childbirth, or related medical conditions. PDL is separate from CFRA leave, meaning an employee could potentially be eligible for leave under both acts. PDL applies to employers with five or more employees in California.
- The Family and Medical Leave Act (FMLA): This federal law also provides eligible employees with up to 12 weeks of unpaid, job-protected leave for the birth and care of a new child. Eligibility requirements are similar to CFRA. In California, CFRA often runs concurrently with FMLA, but PDL runs separately.
These laws generally require your employer to reinstate you to the same or a comparable position with the same pay, benefits, and other terms and conditions of employment when you return from protected maternity leave in California.
Indicators of Potential Wrongful Termination in California
Several circumstances surrounding a termination during maternity leave in California should raise red flags and warrant a thorough review of your rights:
- Timing of the Termination: If you were informed of the termination shortly before your leave began or while you were on leave, it is possible that you may have been wrongfully terminated.
- Replacement During Leave: If your employer hired a permanent replacement for your position while you were on protected maternity leave, and indicated you would not be reinstated to your previous role. While temporary replacements are often necessary, a permanent replacement can be a sign of intent to terminate.
- Negative Comments or Actions: Any negative comments or actions by your employer related to your pregnancy or maternity leave can be evidence of discrimination.
- Disparate Treatment: If other employees who took similar types of leave were treated differently, this could be a sign of discrimination.
If any of these red flags are present in your situation in California, it is important to seek legal counsel immediately. An attorney experienced in wrongful termination cases in California can investigate the circumstances surrounding your termination and advise you on your legal options.
The Importance of Documenting Potential Wrongful Termination in California
If you are concerned about job security during your maternity leave in California, or if you have been terminated before or during your protected leave, it is important to document everything related to your employment and the termination. Some steps you can take:
- Keep Records: Gather all relevant documents, including your employment contract, performance reviews, emails, text messages, and any other communication with your employer regarding your leave and termination.
- Note Dates and Details: Keep a detailed record of dates, times, and specific details of any conversations or incidents related to your leave or termination.
- Obtain Witness Information: If there were any witnesses to relevant conversations or events, note their names and contact information if possible.
This documentation can be critical evidence in building a potential wrongful termination case in California. Sharing this information with a wrongful termination attorney will allow them to assess the strength of your case and advise you on the best plan moving forward.
Contact Us For a Consultation
Facing termination while on maternity leave can be an incredibly stressful experience. Contact Betts Law Group today for a confidential consultation to discuss your situation and learn how we can help ensure that your rights as a new parent in California are fully protected.
