• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Employment terminated on pragnancy disability leaves

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

khatrishalu

Junior Member
HI,

I am woking for an employer in CA from the last 6 months.

I am 5 months pregnant right now and my doctor suggested me to be on bed rest through out my pregnancy as my cervix is short and she put me on disability.

I have taken unpaid leaves from 23th March (my doctor provided a note to my employer stating that i need to be on besd rest, until they do further examination.).

They terminated my emplyment.

My question

1. Do they have rights to teminate my offer just because I am pregnant and on Disability
leaves.

Note : I am anot eligibile for FMLA or CFRA as i have not completed 12 months of employement with them.Also i have taken a leave for only 5 weeks till date.

So can a employment be terminated while on Pregnancy disability leaves.

Thanks

Shalini
 


cbg

I'm a Northern Girl
Yes, employment can be terminated while on pregnancy and/or disablity leave. Neither grants you unlimited leave time; sooner or later there always comes a time at which the employer is entitled to cut bait and hire someone who is able to come to work and get the job done.

CA laws on pregnancy leave are extremely complicated and I cannot tell from your post how much time you have already taken or how long you will still need to be out. You are free to contact the state and ask them how much time you are/would be entitled to.
 

khatrishalu

Junior Member
Thanks for your reply.

Here are the details of the leaves.

Joined employement : 22nd Oct 2007.

Leave started : 20th Feb 2008

Was paid until(for sick leave and Vacation) : 13th March, 2008.

employement terminated : 21st March 2008.

As i am going through the laws, It says that i am entitled to take the PDL for upto 88 days.
And i have taken only for 20-22 days Approx(from which around 10-12 days were paid because of my accrued leaves and 8 days were unpaid).

Please let me know if this is lawful.

Thanks

Vaibhav
 

seniorjudge

Senior Member
Thanks for your reply.

Here are the details of the leaves.

Joined employement : 22nd Oct 2007.

Leave started : 20th Feb 2008

Was paid until(for sick leave and Vacation) : 13th March, 2008.

employement terminated : 21st March 2008.

As i am going through the laws, It says that i am entitled to take the PDL for upto 88 days.
And i have taken only for 20-22 days Approx(from which around 10-12 days were paid because of my accrued leaves and 8 days were unpaid).

Please let me know if this is lawful.

Thanks

Vaibhav
Yes, employment can be terminated while on pregnancy and/or disablity leave. Neither grants you unlimited leave time; sooner or later there always comes a time at which the employer is entitled to cut bait and hire someone who is able to come to work and get the job done.

CA laws on pregnancy leave are extremely complicated and I cannot tell from your post how much time you have already taken or how long you will still need to be out. You are free to contact the state and ask them how much time you are/would be entitled to.

...to quote cbg...
 

ecmst12

Senior Member
You should contact your state DOL for more information.

And actually what I just realized is, you would not have been able to return to work even if they'd given you the full 88 days which you believe you were entitled to. And your leave was unpaid anyway, so you haven't really lost anything for them firing you early. You're going to be in bed for another 4 months, plus time to recover from the birth, plus you'd probably want time to take care of the baby for a while afterwards...you were going to be out of work for a long time. You certainly couldn't have the expectation that they'd hold your job for all that time.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top