Under the powerful protections of both state and federal employment laws, working women in California should not have to worry about facing punishment for starting or expanding their families. Unfortunately, employers sometimes retaliate against female employees who take pregnancy leave or require multiple maternity leaves during their employment. But is it lawful for an employer to fire an employee for taking too much pregnancy leave time? The answer often depends on the circumstances of the individual case.
What Laws Protect Pregnant Women In the California Workforce?
The Civil Rights Act of 1964 was a crucial act to protect workers from discrimination, including discrimination based on an employee’s sex. Over a decade later, the federal legislature expanded the Civil Rights protection through the Pregnancy Discrimination Act (PDA), which included pregnancy discrimination as an aspect of discriminating against women in the workforce. The PDA prohibits an employer from terminating a worker’s employment because they are pregnant, or because they take pregnancy leave time or maternity leave.
The state of California’s Civil Rights Department also allows pregnant women who experience a temporary, pregnancy-related disability to take unpaid Pregnancy Disability Leave (PDL) of up to four months. PDL applies to all California employers with five or more employees. In addition, the California Family Rights Act (CFRA) allows up to 12 weeks of postpartum leave time to bond with a new baby.
An employer may not fire an employee who takes pregnancy leave under any of the above federal and state protections. Doing so is wrongful termination and a violation of the employee’s rights, entitling them to a legal remedy, such as financial compensation for their losses or reinstatement to their job position.
What If You Take Leave Beyond the Maximum Allowed Time?
While you cannot be legally fired for taking your legally protected pregnancy leave time, there are some circumstances under which an employer may terminate you from your job for taking too much pregnancy leave in California. For instance:
- If you fail to return to work or extend your leave beyond the legally protected time period
- If you are not eligible for protected pregnancy leave because you work for a very small employer with fewer than five employees, or you are not an employee but an independent contractor
- If the employer is firing you for reasons unrelated to your pregnancy leave, such as for misconduct or due to across-the-board layoffs that aren’t limited only to you
- If you didn’t meet your obligations, such as providing a certificate from your doctor stating that your leave time is medically necessary, within 15 days of the leave time, or you’ve failed to provide sufficient notice for a foreseeable leave requirement in a non-emergency situation
If you met all legal obligations and took only the amount of leave time protected by federal and state laws, your employer may not fire you because of your pregnancy leave. Doing so is prohibited workplace retaliation and wrongful termination.
How Can a California Employment Lawyer Help?
If you’ve been fired because your employer feels that you’ve taken too much pregnancy leave, but your leave falls under federal and/or state protections, you have options available to you for the legal remedy your case deserves. Call or contact Sparrow Law Group online to learn more about your legal rights and the options available to you for financial compensation and a sense of justice.