In a previous post we covered what you need to know about maternity leave. But that is only useful if you have a typical pregnancy. What if it’s a hard pregnancy, and you need more than the usual amount of maternity leave? You are probably wondering:
- What if I get put on bed rest and can’t work?
- What if my labor is horrible and I need more than 12 weeks to recover?
- How much disability leave can I take?
- Can my boss refuse to let me take disability leave beyond my maternity leave?
- Do I have the right to return to the same position afterwards? Same pay?
- What else do I need to know?
Click through for ten critical pieces of information that you need to know about pregnancy disability leave…. Continue reading →
Filed under CFRA - California Family Rights Act, Disabling Injury and Illness, Discrimination, Family & Medical Leave, FEHA – Fair Employment & Housing Act, FMLA - Family & Medical Leave Act, Maternity Leave, Pregnancy, Pregnancy Disability Leave, Sex Discrimination
Tagged as CFRA, disability discrimination, employment law, FMLA, PDL, Pregnancy Disability Leave, pregnancy discrimination, reasonable accomodation
I’ve already written an entire post on California’s laws on breastfeeding in the workplace. But I just came across this CNN article and had to share it. Although the incident did not take place in Orange County, or even California for that matter, it is still worth a read.
Adrienne Pine, an American University professor in Washington D.C., noticed that her infant child was running a fever. It was Ms. Pine’s first day teaching for the semester. So she didn’t want to miss class. But, as many working mom’s know, couldn’t drop her child off at daycare because of the fever. Daycare generally refuses sick babies because of the potential of spreading the disease (if one exists).
So, what is a working woman to do? She brought her baby to class. But the baby got fussy and hungry and you can guess what happened next:
after her daughter started fussing, the professor began nursing — in front of 40 students — to get her to stop.
A firestorm erupted afterwards. Students complained on Twitter and Ms. Pine was suddenly thrust into a national debate. Should women be allowed to breastfeed at work? Should they be afforded a private place to use a breast pump? Should employers provide emergency daycare? These are all very important questions for working women across America.
Branigan Robertson is a California employment lawyer who exclusively represents employees in workplace disputes. He focuses his practice on sexual harassment, wage & hour, wrongful termination, and retaliation. Visit his website at BRobertsonLaw.com or call his office at 949.667.3025.
If you just found out that you are pregnant let me be the first person in the Internet world to say, “Congrats!” There is nothing more exciting that expecting a child. I know this from experience. My wife and I just had our first daughter and I want to jump for joy. I couldn’t be happier.
But if you’re a working woman this might be daunting. What does your pregnancy mean for your job? It obviously means you must take time off for doctor visits, pregnancy classes, labor, and recovery. But how much time can you take off? What protections does California law afford?
Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA) are the laws at issue. The FMLA, in combination with the CFRA, provides California working mothers with the best maternity leave rights in the nation.
Read more after the jump…. Continue reading →
Filed under CFRA - California Family Rights Act, Employee Benefits, Family & Medical Leave, FMLA - Family & Medical Leave Act, Health Benefits, Health Care, Leaving a Job, Maternity Leave, Pregnancy, Sex Discrimination
Tagged as california, maternity leave, pregnancy discrimination
This article is for pregnant working women and new moms in California.
I understand that work is important. If you don’t make money, you can’t buy diapers, formula, or clothing for your children. Your boss knows that the paycheck is very important to you, and sometimes he takes advantage of this by forcing you to work extra hours, or making you perform dangerous jobs that are hazardous to your health. He knows you need the money so you probably won’t complain.
Some bosses are even worse. They simply fire pregnant women because they don’t want to deal with the hassle of filling your position while you are on leave. Nor do they want to continue paying your health insurance. They usually claim “poor performance,” “absenteeism,” or some other excuse as the reason for the firing.
Other bosses know the law and permit their employees to take leave. But demand that the employee be back in only a few weeks, or when the employee returns, the employer has drastically reduced their responsibility and cut their pay.
Is any of this behavior legal in California? No, it’s not. To find out more continue reading below.
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My wife is 5 days overdue with our first child. Once the baby is out my wife wants to breastfeed our daughter. Although my wife no longer works, I couldn’t help but wonder, what are a new mom’s rights in the workplace? Can you breastfeed on the job? What if your boss doesn’t let you? Can you use a breast pump at work? Does your boss have to provide you with a private room, or do you have to do it in a bathroom stall?
In 1998, California’s legislature resolved to improve the life of Mom’s in the workplace. It passed a series of statutes, including California Labor Code § 1030-1033. The most important is § 1030:
Every employer…shall provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee’s infant child. The break time shall, if possible, run concurrently with any break time already provided to the employee. Break time for an employee that does not run concurrently with the rest time authorized for the employee…shall be unpaid.
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Filed under Discrimination, Family & Medical Leave, FMLA - Family & Medical Leave Act, Pregnancy, Rest Breaks, Sex Discrimination, Wages and Hours
Tagged as breast pump, breastfeeding, new moms, pregnancy discrimination, pumping at work
On January 13, 2011, the California Supreme Court decided Holmes v. Petrovich Development Co. In the case, plaintiff Gina Holmes sued her former employer for sexual harassment, retaliation, wrongful termination, violation of the right to privacy, and intentional infliction of emotional distress. However, before ever initiating suit, she used her company-provided computer to send emails to her attorney regarding possible legal action against that very same company employing her.
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