Maternity Leave Protection to a Minor?

[sefnfot]

What is the name of your state? CA

A friends 14 year old daughter was given a truancy citation for leaving high school grounds early and going home to her newborn. Her daughter gave birth on July 27, 2007. the citation date is October 24, 2007. I am wondering if the citation is a violation of California Pregnancy Leave laws. Their court appearance for the truancy citation is December 20, 2007. If the law prevents employers from discriminating against a woman after childbirth for her needs and her newborns needs, then do these protections apply to an underaged girl and protect her from the government discriminating against these same needs?

http://www.laborlawtalk.com/archive/index.php/t-4579.html

I am posting this here because of the need for Pregnancy Discrimination Lawyers to view the question.What is the name of your state?

 

[Just Blue]

What is the name of your state? CA

A friends 14 year old daughter was given a truancy citation for leaving high school grounds early and going home to her newborn. Her daughter gave birth on July 27, 2007. the citation date is October 24, 2007. I am wondering if the citation is a violation of California Pregnancy Leave laws. Their court appearance for the truancy citation is December 20, 2007. If the law prevents employers from discriminating against a woman after childbirth for her needs and her newborns needs, then do these protections apply to an underaged girl and protect her from the government discriminating against these same needs?

http://www.laborlawtalk.com/archive/index.php/t-4579.html

I am posting this here because of the need for Pregnancy Discrimination Lawyers to view the question.What is the name of your state?

So...Why did she leave? Was the child ill? Need a feeding? New diaper? Did Mom just miss her little baby doll?

 

[cbg]

Who was caring for the child?

And what makes you think anti-discrimination laws in the workplace mean that a mother is allowed to leave work whenever she wants to? They don't mean that at all. Nothing in employment law, in any state or at the Federal level, gives a new mother (or anyone else) that right.

Discrimination is treating someone differently because of (fill in the blank). The anti-discrimination laws mean that a mother cannot be treated DIFFERENTLY than other employees. If another employee cannot just up and leave work, neither can a new mother. Anti-discrimination laws do NOT give special privileges to the group in question.

So if another student, who is not a 14 year old mother, cannot just up and leave school, then it is not discrimination to prevent a 14 year old mother from doing so.

 

[CourtClerk]

In CA you don't get a truancy ticket if you left school with authorization from your parent (parent called the school and asked that she be released - or they signed her out). That means, if you left school with a note, and you were on your way home or to the doctor or to work or to any other authorized place.... you don't get a ticket.

So, what's the real story? Was she laudy dauddying with her friends? Stopped at the store? What?

 

[sefnfot]

In CA you don't get a truancy ticket if you left school with authorization from your parent (parent called the school and asked that she be released - or they signed her out). That means, if you left school with a note, and you were on your way home or to the doctor or to work or to any other authorized place.... you don't get a ticket.

So, what's the real story? Was she laudy dauddying with her friends? Stopped at the store? What?

I understand we're not dealing with a normal cituation; ie teenage pregnancy.
Stopped outside school on the way home. Was a C-section and the newborn had complications.

 

[Just Blue]

I understand we're not dealing with a normal cituation; ie teenage pregnancy.
Stopped outside school on the way home. Was a C-section and the newborn had complications.

That doesn't really answer the question tho...Why do you think this was discrimation? WHAT was wrong with the child? Who was caring for the child while Mom is in school?

 

[sefnfot]

So...Why did she leave? Was the child ill? Need a feeding? New diaper? Did Mom just miss her little baby doll?

my understanding is that she went home to either be with the newborn or that she herself was feeling ill ( and illness following a pregnancy is protected against punishement in the workplace up to the limited amount of time.)

 

[CourtClerk]

DID SHE HAVE AUTHORIZATION TO LEAVE THE SCHOOL? Or did she just do what she wanted to do because she thought she could?

And how many days has this child missed school this year already?

I'm going to leave my comment about Monday Morning Quarterbacking out of this... for now.

Bay, I think I need a siggy like yours.

 

[Just Blue]

my understanding is that she went home to either be with the newborn or that she herself was feeling ill ( and illness following a pregnancy is protected against punishement in the workplace up to the limited amount of time.)

She is in SCHOOL! NOT a workplace. She is also a minor that is required to get permission to leave school BEFORE leaving. Perhaps if the adults in this little girls life stopped finding ways for her to not be responsible for her poor decisions this CHILD would not have had a CHILD!

 

[CourtClerk]

She is in SCHOOL! NOT a workplace. She is also a minor that is required to get permission to leave school BEFORE leaving. Perhaps if the adults in this little girls life stopped finding ways for her to not be responsible for her poor decisions this CHILD would not have had a CHILD!

Thanks for dealing with the Monday Morning quarterbacking thought I was having... mine differed just a little bit, but this will suffice.

I can go back to curling my hair now

 

[sefnfot]

That doesn't really answer the question tho...(1) Why do you think this was discrimation? (2) WHAT was wrong with the child? (3) Who was caring for the child while Mom is in school?

(1) Because the teen mother is being punished/harassed/(insert any adjective that refers to a degradation) for her needs following child birth. In the least, this protection should protect her from the truancy citation.

An employer cannot require a female employee to be at work if she falls under the guidelines of the California Pregnancy Leave laws. Right? If they do try to force the female employee with threats or penalties then that's discrimination, Right? If they penalize the female employee then that's a violation of the California Pregnancy Leave laws?

So the question is would this apply to a teen? The school and law enforcement is using penalty and coercion to force the teenaged mother to be somewhere.

(2) not sure, but we're dealing with the needs of 2 people here, not just the newborn. the teen mother herself has needs which are protected by California Pregnancy Leave laws. Any illness occuring as a result of childbirth is protected under California Pregnancy Leave laws.

(3) the grandmother was taking care.

 

[CourtClerk]

(1) Because the teen mother is being punished/harassed/(insert any adjective that refers to a degradation) for her needs following child birth. In the least, this protection should protect her from the truancy citation.

An employer cannot require a female employee to be at work if she falls under the guidelines of the California Pregnancy Leave laws. Right? If they do try to force the female employee with threats or penalties then that's discrimination, Right? If they penalize the female employee then that's a violation of the California Pregnancy Leave laws?

She should report the "discrimination" to her Human Resources Department at her employer... oh wait. She's not employed, so employment discrimination is not an issue here.

So the question is would this apply to a teen?

Not at all... unless the discrimination is being done at her place of employment, and school is not her place of employment. She doesn't get a paycheck there. Does she?

The school and law enforcement is using penalty and coercion to force the teenaged mother to be somewhere.

School and law enforcement are doing something her parents obviously aren't and that is trying to keep her in school. Why aren't her parents more concerned that their 13/14 year old daughter is going out screwing little boys, subjecting herself to STD's, practically sealing her fate in a life of poverty? Where were the attorney's then? Why aren't they nailing her a&& to the wall and telling her to stay her behind in school? If grandma is taking care of the child, then surely grandma can deal with whatever issue a newborn is having MUCH BETTER than a 14 year old can, who by the way, can't even drive the baby to the hospital if need be.

(2) not sure,

You aren't, but I sure am... you and your friend need to read the State's Education Code. It's online for your perusal.

but we're dealing with the needs of 2 people here, not just the newborn.

That 14 year old NEEDS to have her arse in school and not in someone's bed. What about that need?

the teen mother herself has needs which are protected by California Pregnancy Leave laws.

Please find the related law that protects children having children? Post it here. I'm going to check later on and so my judge during recess and see if he finds this the least bit humorous.

Any illness occuring as a result of childbirth is protected under California Pregnancy Leave laws.

(3) the grandmother was taking care.

You and your friend are severly misinformed and have your priorities in all the wrong place. Stay tuned when this girl becomes a mother again in just a couple of years. Then you'll be looking for an attorney for something else that she did that was against the law, but completely legal for law enforcement to nail her on.

Oh... and again, how many days did this child miss in school already? And I'll ask this question just one more time... since you seem to be avoiding it...

DID SHE LEAVE THE SCHOOL WITH AUTHORIZATION???

 

[sefnfot]

DID SHE HAVE AUTHORIZATION TO LEAVE THE SCHOOL? Or did she just do what she wanted to do because she thought she could?

And how many days has this child missed school this year already? Due to her pregnancy that’s a mute point

So perhaps we have 2 laws which may contradict each other. I am not sure if she had authorization or not; if she called home first or not. As far as I know, she left to go home because she was ill or in need of being with the newborn. and the law; as I see it, protects her from any penalties albeit from an employer or from school authority. Why would the school or government be excused from how they handle their subordinates as it relates to Pregnancy Leave laws.

Or did she just do what she wanted to do because she thought she could?

She thought she could? What does Pregnancy Leave laws mean? That the woman has a right to LEAVE, and take care of her needs, and not be required to remain separated from her child, and that she is given extra leeway to cope with pregnancy related illness and depression.

But you answered my question: that the truancy should be set aside because she was going to a legally protected activity and excuse for leaving school.

 

[sefnfot]

School and law enforcement are doing something her parents obviously aren't and that is trying to keep her in school. Why aren't her parents more concerned that their 13/14 year old daughter is going out screwing little boys, subjecting herself to STD's, practically sealing her fate in a life of poverty? Where were the attorney's then? Why aren't they nailing her a&& to the wall and telling her to stay her behind in school? If grandma is taking care of the child, then surely grandma can deal with whatever issue a newborn is having MUCH BETTER than a 14 year old can, who by the way, can't even drive the baby to the hospital if need be.

unfortunately, your entire opinion is being based on morals and not law. i thank you for your input, teenage pregnancy is a sad plight, but i dont understand why you are excluding her from her own rights and needs which are protected under the law . But please stop inputting your teenage pregnancy opinions. That is not the question here.

 

[fairisfair]

So perhaps we have 2 laws which may contradict each other. I am not sure if she had authorization or not; if she called home first or not. As far as I know, she left to go home because she was ill or in need of being with the newborn. and the law; as I see it, protects her from any penalties albeit from an employer or from school authority. Why would the school or government be excused from how they handle their subordinates as it relates to Pregnancy Leave laws.

She thought she could? What does Pregnancy Leave laws mean? That the woman has a right to LEAVE, and take care of her needs, and not be required to remain separated from her child, and that she is given extra leeway to cope with pregnancy related illness and depression.

But you answered my question: that the truancy should be set aside because she was going to a legally protected activity and excuse for leaving school.

Are you purposely being DENSE?

I will type very slowly

The school is not an employer
The child is not an employee
a leave law does not give someone the right to leave.
and it does NOT give extra leeway to pregnant employees, it merely protects them from being discriminated against because they are pregnant.

Other than the fact that this law does NOT apply AT ALL in this situation. It would be perfect