went from full time to part time due to pregnancey leave

What is the name of your state? CA

I want to know if I have a case for discrimination? I was off work for 4 weeks due to pregnancy and a threat of a miscarriage. I worked 4 10 hour shifts before my leave. Due to having lost the last baby at 11 weeks the doctor decided to have me off work until after my 12 weeks was past. While I was gone they hired a replacement for me. I ended up losing this baby as well and returned to work after 5 weeks of leave. When I returned I was told I could no longer be full time since they hired someone else and I left them in a tight spot. (I would like to add that another employee had just returned from a 6 mos leave of absence for hurting her back and was given her 40hrs back to her) I was willing to work 30 hrs a week for the summer to help with the situation but was under the impression after that I could return to full time. That was in June. I was just informed at a staff meeting that I am considered part time and if we don't all pitch in and cut more hours (myself included) there would be layoffs and because I am part time I would be first to be fired. I disputed the fact that I a only part time because I was forced into it and don't feel this is fair just because I left for a pregnance leave. I was told by my supervisor, "my leave is not the same as the other employees leave and therefor they can cut my hours if they want!" I have tried to help but I just can't afford the cut in hours and don't see why I have to?
Please help. I have tried talking to the owners and I have gotten nowhere.

Please post back and answer the following:

1. At the time you first took leave, had you worked for the employer for at least 12 months?

2. Did you work at least 1,250 hours during the prior 12 months?

3. Have you taken any other leave time within those 12 months?

4. Does your company employ at least 50 employees at the site you are at or within a 75-mile radius?

gailj711

california

Beth3 said:

Please post back and answer the following:

1. At the time you first took leave, had you worked for the employer for at least 12 months?
yes, I have worked for them since March of o2
2. Did you work at least 1,250 hours during the prior 12 months? Yes!!

3. Have you taken any other leave time within those 12 months? Just regular vacation time. I used vacation time when I lost the previous baby a year prior

4. Does your company employ at least 50 employees at the site you are at or within a 75-mile radius?

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no

Since your employer doesn't have the requisite number of employees, then I'm afraid you weren't entitled to any FMLA leave. That means your employer didn't have to offer you leave to begin with and if they did, they didn't have to reinstate you to your prior position and work schedule.

Whether or not you have been discriminated against because you were pregnant is not something that can be decisively answered here because we'd need to know what your employer's policies and past practices are. If you are the only employee whose hours were cut or that has only happened to pregnant employees and no one else, then it looks like a clear-cut case of discrimination. But all we know about is the one situation you cite (the employee who was on leave for six months) and that is just not enough to go on. If that employee was out due to a worker's comp injury, then it's not even relevant to your situation.

If you believe you were treated less favorably because of your pregnancy, then you are free to to file a complaint with CA's Department of Labor or the federal EEOC.

california

The other employee was not a workman's comp case. She hurt herself at home. I read that if they offer another employee her full time status upon returning from disability that they must offer the same to another employee. I was told however by the office manager that my pregnancy disability is treated differently than hers because hers was regular disability and mine was pregnancy. Those were her exact words!

California has some different rules you may want to look at this state site
http://www.dfeh.ca.gov/News/Bulletin-Paid Family Leave 12-31-03 web.htm

Workman's comp at home?

Gadfly said:

Workman's comp at home?

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ca.
No it was not workman's comp. She got hurt at home and went on disability.

ca

No it was not workman's comp. She got hurt at home and went on disability.

I read that if they offer another employee her full time status upon returning from disability that they must offer the same to another employee.

No, that is not true. It depends on a number of factors, including the length of time the various employees were out, what if any limitations they have, and what positions are available when they return. The employer is not required to either create a new position for someone, or bump someone else out of their job in order to put someone returning from disability into it.