Whether you an expecting mother or just gave birth, California and federal laws guarantee that you will have a set amount of time to recover and bond with your new child. The right to maternity leave is established in the federal government’s Family and Medical Leave Act and California’s Pregnancy Disability Leave laws, as well as the California Family Rights Act.
What happens though, if your employer violates the federal and state maternity leave laws? In that case, you have the right to file a complaint with the applicable state or federal agency. You may also have the right to file a lawsuit through the court system and recover monetary damages, such as front and back pay, medical expenses, and emotional distress.
Remember that you are not alone when it comes to navigating the legal system for a failure to provide maternity leave lawsuit. We are here to guide you through the process and hold your employer accountable for violating your rights. Contact our office today and schedule a free consultation.
Enforcing Your Right to Maternity Leave
In order to assert your right to maternity leave, you must first and foremost understand the laws that govern leave for a pregnancy or birth. Both the Family and Medical Leave Act and the California Family Rights Act require employers to provide up to 12 weeks of unpaid leave for pregnancy and other serious family / health-related matters. You also have the right to take up to 4 months of paid leave under Pregnancy Disability Leave under California law.
Who Qualifies for Medical Leave?
Employees are entitled to leave time from their job when they meet one of the following criteria:
- They have a serious health condition that interferes with their ability to work
- They need leave time to take care of a child, spouse, or parent with a serious illness / condition
- They are welcoming a new baby or child into the home, whether it’s by birth, adoption, or foster care.
- The employee needs to take care of an emergency on behalf of a child, parent, or spouse that’s on military duty.
A “serious health condition” includes pregnancy, which is why you are allowed to request leave if you are expecting a child or just had a baby. Furthermore, maternity leave is job-protected, meaning your employer is prohibited from firing you for taking pregnancy-related leave.
Limitations to Claiming Pregnancy Leave
Limitations do exist which can impact your right to seek maternity leave from your job. Under the Family and Medical Leave Act, you are eligible for leave benefits only if you work for 1) an employer with 50 or more workers; 2) you have accrued at least 1,250 hours of work hours in the past year; 3) you have been with your employer for 12 or more months.
Benefits under the California Family Rights Act apply to employers with 5 or more workers. In addition, you must have worked for your employer for at least 12 months and accrued at least 1,250 work hours in the past year. For California’s Pregnancy Disability Leave, there is no requirement for number of hours or duration of employment. However, you must work for an employer with at least 5 employees.
Giving Reasonable Notice to Your Employer
Typically, you must give your employer at least 30 days notice if you intend to take maternity leave. You may also need to supply proof, i.e., certification from your doctor, of your need to take leave. Make sure to keep copies of everything that you provide to your employer, as they are essential to holding your employer accountable and taking legal action if they fail to comply with your right to maternity leave.
What Constitutes a Violation of Maternity Leave Laws?
When a worker requests job-protected leave under the CFRA, PDL, or FMLA, the employer is required to hold the position for them and maintain their seniority level, pay rate, and work benefits.
Employers can be fined and penalized for violations of California or federal labor laws if they:
- Deny your request to take maternity leave under FMLA, CFRA, or PDL after you have given proper notice
- Terminated your employment because you took maternity leave
- Reduced your pay rate or demoted you for requesting / taking leave
- Not reinstating you to the same position / salary / benefits after your return from maternity leave.
Along with sanctions from the state and federal government, you may also have the right to sue your employer for monetary damages. As a victim of maternity leave violation, it’s important to discuss your legal options with a California employment attorney.
Filing a Denied Pregnancy / Maternity Leave Claim
You have the right to file a claim with state and federal agencies if your employer is refusing to grant maternity leave or subjecting you to unlawful treatment after you came back from maternity leave. If you were denied PDL or CFRA benefits, you can file a claim with the California Civil Rights Department. If the violation against you falls under the Family and Medical Leave Act, you must file a complaint with the U.S. Department of Labor’s Wage and Hour Division.
We can help you file a claim with any of these agencies, as well as a lawsuit in civil court. Remember that you will need to provide extensive evidence to prove a case of maternity leave violation. Proof that you will need to obtain include:
- Your eligibility for job-protected leave under FMLA, CFRA, or PDL
- Medical evidence of your need to take leave
- Proof of how your employer violated one of the laws concerning maternity leave
- The harm you suffered as a result of the employee’s violation
As you can see, you will need to collect all sorts of medical records, financial statements, communications between you and your employer, and other documents to build a solid case. Our legal team has the skills and resources to help you with this task and ensure that the necessary paperwork is filed with the applicable agencies and court system.
Contact Our Law Firm
Recovering your health and bonding with your new child are paramount when you have just had a baby or welcomed a foster or adoptive child into your household. Most employers in California are required to provide maternity leave, and you have the right to take legal action if your rights have been violated.
Our attorneys are ready to help you achieve justice, and we will do so without charging you a single penny upfront. The Zero Fee Guarantee is our promise to you that the only form of payment owed to us is a percentage of your settlement from a successful claim. Thus, you never have to worry about the cost of legal fees if we fail to win your case.
Please contact us for a free consultation if your employer is not providing you with time off for pregnancy leave.
