Under both federal law, Family Medical Leave Act (“FMLA”) and the California equivalent, California Family Rights Act (“CFRA “), employees with qualified physical or mental disabilities may be entitled to up to 12 weeks of protected medical leave. It is unlawful for an employer to retaliate against, or punish, you for requesting or taking medical leave. Contact us immediately to evaluate whether you are entitled to medical leave.
Eligible women are entitled to medical leave to recover from a pregnancy-related disability regardless of how long they have worked for an eligible employer.
Pregnancy Leave Rights
Qualifying California employers must provide two types of leave to pregnant employees and new parents. First, a woman suffering from a pregnancy or childbirth related disability may take up to four months of pregnancy disability leave. Second, new parents may be entitled to take 12 weeks off of work under the CFRA to bond with a new baby or adopted child.
Intermittent Pregnancy Disability Leave
Frequently pregnant employees require leave both during pregnancy and after the pregnancy ends. Pregnancy disability leave does not have to be taken all at once. Intermittent leave due to a pregnancy or childbirth related disability is permitted when necessary.
Pregnancy Disability Leave Lasting Longer Than Four Months
An employer may be required to allow a pregnancy disability leave for a period of longer than four months if the employer allows longer leaves for other types of disabilities.
If you believe you have been discriminated against because you are pregnant or have a pregnancy-related medical condition, contact us immediately.
If you suffer a physical or mental workplace injury you may be entitled to receive medical treatment for your injuries and possibly damages. It is illegal for your employer to retaliate against you, or punish you, for filing a workers’ compensation claim or for reporting your injury. Contact us immediately if you have been injured on the job or have been retaliated against for filling a claim.