Alex Can a employer refuse to hire a pregnant woman in California?
Under California law, an employer may not refuse your request, on the advice of your doctor, for a temporary transfer to a less strenuous or hazardous position, so long as the transfer request can be reasonably accommodated without an undue hardship to the employer.
Can a pregnancy cause an employer to dismiss an employee?
Yes, but only if the dismissal is not related to the employee’s: pregnancy pregnancy related illness pending maternity leave, or sex.
Can a pregnant woman take maternity leave in California?
If both requirements are met, the woman can take leave while she continues to be disabled by her pregnancy, the childbirth, or a related medical condition. The leave, however, cannot exceed four months (per pregnancy).12. California’s pregnancy disability leave does not need to be taken all at once.
What should you do if your pregnant employee is off work?
You should make sure that any pregnant employees off work, for example due to a pregnancy related illness, have the same access to consultation information as other employees. How do I decide the right selection criteria to use when making employees redundant?
Under California law, an employer may not refuse your request, on the advice of your doctor, for a temporary transfer to a less strenuous or hazardous position, so long as the transfer request can be reasonably accommodated without an undue hardship to the employer.
How to sue an employer for maternity leave in California?
When an employee decides to sue their employer for violating California’s maternity leave laws, they must first file a written complaint with California’s Department of Fair Employment and Housing (the DFEH).161 Employees pursuing a claim related to maternity leave violations cannot go straight to court with a lawsuit.162
How long can you work on maternity leave in California?
Added together, employees may be entitled to up to seven months of maternity leave. However, a portion of this calculation requires the employee to be disabled by her pregnancy. So, it’s better to look at disability leave rights separately from leave rights under the California Family Rights Act.
What happens if you tell your employer you’re pregnant?
It also stipulates that if you’re pregnant and unable to do any part of your job (say, you work at a factory and can’t lift heavy objects), your employer is required to provide reasonable accommodation for you just as they would for a temporarily disabled employee. That said, there are a number of loopholes in the PDA.