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Pregnancy Leave Attorney in Oakland

Welcoming a new member to your family is an exciting time, but it often comes with questions and concerns about how it might impact your career. Understanding your rights to pregnancy leave is crucial for ensuring you can focus on your health and your growing family without risking your job. Pregnancy leave is a protected period of time off work that employees can take for pregnancy, childbirth, and related medical conditions. In California, several laws protect your right to take this leave, but the rules can be complex. If you believe your rights have been violated, the Law Offices of Jeannette A. Vaccaro PC is here to help you understand your options and seek the leave you are entitled to.

 

Types of Pregnancy Leave in California

California provides some of the most comprehensive pregnancy leave laws in the country. Several state and federal laws can apply, and they often work together to provide job protection and benefits. The main laws to be aware of are the Pregnancy Disability Leave (PDL) law, the Family and Medical Leave Act (FMLA), and the California Family Rights Act (CFRA).

Eligibility for Leave

Eligibility for pregnancy leave depends on which law applies to your situation. The requirements vary based on your employer’s size and how long you have worked there.

  • Pregnancy Disability Leave (PDL): This California law applies to employers with five or more employees. If your employer meets this threshold, you are eligible for PDL from your first day of employment. There is no minimum length of service or hours worked requirement.
  • Family and Medical Leave Act (FMLA): This federal law covers employers with 50 or more employees within a 75-mile radius. To be eligible, you need to have worked for your employer for a minimum of 12 months and have worked at least 1,250 hours in the 12 months before your leave begins.
  • California Family Rights Act (CFRA): Similar to the FMLA, this state law applies to employers with five or more employees. You must have worked for your employer for at least 12 months and for at least 1,250 hours in the past year.

Length of Leave

The amount of leave you can take depends on your specific circumstances and which laws you qualify for.

  • PDL: You can take up to four months of leave for the period you are disabled by your pregnancy, childbirth, or a related medical condition. This is a crucial protection for managing your health before and after birth.
  • FMLA: Eligible employees can take up to 12 weeks of leave per year. This leave can be used for pregnancy-related disability and to bond with your new child.
  • CFRA: This act also provides up to 12 weeks of leave. Importantly, CFRA leave for baby bonding is separate from PDL. This means an eligible employee can take up to four months of PDL for a pregnancy-related disability and then an additional 12 weeks of CFRA leave to bond with their new child.

Job Protection and Benefits

A major concern for any employee taking leave is whether their job and benefits will be secure. Both state and federal laws offer significant protections. During a qualified leave under PDL, FMLA, and CFRA, your employer is required to maintain your health insurance benefits under the same conditions as if you were actively working.

Furthermore, these laws provide job protection. When you return from leave, you must be reinstated to the same or a comparable position. An employer cannot demote you, reduce your pay, or terminate your employment because you took protected pregnancy leave.

What if Your Leave is Denied?

Despite these clear legal protections, some employers may unlawfully deny pregnancy leave or retaliate against employees who take it. This can look like being fired, demoted, or unfairly treated after returning from leave. If your employer has denied your request for leave or you have faced negative consequences for taking it, you have the right to take legal action.

Protect Your Rights and Your Family

Navigating pregnancy leave can be complicated, but you don’t have to do it alone. Understanding the protections offered by PDL, FMLA, and CFRA is the first step toward ensuring your job is secure while you focus on what matters most.

If you believe your employer has violated your right to pregnancy leave, it is important to seek legal guidance. Contact the Law Offices of Jeannette A. Vaccaro for a consultation to learn how we can help.

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Jeannette is passionate about employee rights. She fights to shed light on injustices and to help her clients move beyond troubling times. Contact Jeannette today for a free case evaluation.

Have a Case

Jeannette A. Vaccaro is a Passionate and zealous advocate, representing employees in all facets of employment law.

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Think You May Have A Case?

Jeannette is passionate about employee rights. She fights to shed light on injustices and to help her clients move beyond troubling times. Contact Jeannette today for a free case evaluation.

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