At Yoosefian Law Firm, P.C., we understand the challenges and complexities surrounding maternity leave rights in Los Angeles. If you’ve been fired while on maternity leave or believe your rights have been violated, our dedicated fired-while-on-maternity-leave lawyers are here to help you navigate the legal landscape and fight for your rights.
Can You Get Fired-on-Maternity-Leave in California?
The short answer is no—at least not legally. California law provides robust protections for employees who are pregnant or have recently given birth. However, some employers may attempt to circumvent these laws or disguise discriminatory actions. This is where the services of a Los Angeles fired-on maternity leave lawyer become invaluable.
Your Rights for Pregnancy Leave
Duration of Leave Protection
Under California Government Code § 12945, you are entitled to “up to four months of leave for disability due to pregnancy, childbirth, or related medical conditions.” Additionally, CFRA (Gov. Code § 12945.2) provides “12 weeks of job-protected bonding time.“
Health Insurance Continuation
California Code of Regulations § 11044(c) states: “The employer shall maintain and pay for coverage for an eligible female employee who takes Pregnancy Disability Leave… under a group health plan.”
Job Security Rights
Government Code § 12945(a)(1) mandates that employers must “accommodate transfers to less strenuous or hazardous positions for the duration of the pregnancy” and “provide reasonable accommodation for pregnancy, childbirth, or related medical conditions.”
Return to Work Protection
Per Government Code § 12945.2(a), you have the right to return to “the same or a comparable position upon return from leave.” The law defines comparable as “virtually identical to the employee’s original position in terms of pay, benefits, and working conditions.”
Anti-Discrimination Protection
The Fair Employment and Housing Act (FEHA) explicitly states that it is “unlawful for an employer to discriminate against an employee because of pregnancy, childbirth, or related medical conditions.” (Gov. Code § 12940)
At Yoosefian Law Firm, P.C., we protect these fundamental rights. Contact us for a confidential consultation if your pregnancy leave rights have been violated.
How a Pregnancy Discrimination Lawyer Can Help
At Yoosefian Law Firm, P.C., we understand the devastating impact of being fired while on maternity leave. As dedicated pregnancy discrimination lawyers in Los Angeles, we’re committed to protecting your rights and fighting for justice. Here’s how we can assist you if you’ve been wrongfully terminated during your maternity leave:
Evaluate Your Pregnancy Discrimination Case
When you are concerned about being fired during maternity leave, our first step is to evaluate your case thoroughly. We’ll review all relevant documents, including your employment contract, company policies, and any communication related to your pregnancy and termination. This comprehensive assessment allows us to determine the strength of your case and identify any potential violations of state or federal laws
Explain Your Rights as an Expectant Mother in the Workplace
California and federal laws provide strong protections for pregnant women and new mothers. As your legal representatives, we’ll clearly explain these rights to you. We’ll help you understand how laws like the Pregnancy Discrimination Act, the Family and Medical Leave Act (FMLA), and California’s specific protections apply to your situation. Knowledge is power, and understanding your rights is the first step in fighting discrimination.
Gather and Preserve Evidence
Building a strong case requires solid evidence. Our team will guide you in collecting and preserving crucial evidence, such as emails, performance reviews, medical records, and witness statements. We know what evidence is most compelling in pregnancy discrimination cases and will work diligently to build a robust case on your behalf.
Negotiate with Your Employer
We can often resolve pregnancy discrimination issues through negotiation with your employer. Our skilled negotiators will advocate on your behalf, seeking remedies such as reinstatement, back pay, or a fair severance package. We aim to resolve your case efficiently while ensuring your rights are fully protected.
File Administrative Complaints
If necessary, we’ll help you file complaints with relevant government agencies, such as the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). These administrative procedures are often required before pursuing a lawsuit, and we’ll guide you through every step of the process.
Represent You in Court
We’re prepared to take your case to court if negotiations and administrative remedies don’t yield satisfactory results. Our experienced litigators will represent you zealously, presenting a compelling case to judges and juries. We’ll fight for your rights and seek appropriate damages, including lost wages, emotional distress compensation, and even punitive damages in cases of egregious discrimination.
Address Retaliation Concerns
Sometimes, employees face retaliation for asserting their rights. If you experience any form of retaliation for challenging your termination or seeking legal help, we’ll take swift action to address these additional violations. We’ll ensure that your right to seek legal recourse is protected.
Seek Comprehensive Remedies
Our goal is to address the immediate issue of wrongful termination and seek comprehensive remedies that support your long-term well-being. This might include negotiating for extended health benefits, positive references for future employment, or career transition support. We consider how the termination has affected your life and career.
Advocate for Systemic Change
While our primary focus is on resolving your case, we see each case as an opportunity to advocate for broader change. By holding employers accountable for pregnancy discrimination, we contribute to creating safer, more equitable workplaces for all women in Los Angeles and beyond.
Signs Your Maternity Leave Rights May Have Been Violated
As a Los Angeles fired on maternity leave lawyer, we’ve seen numerous cases where employers have violated maternity leave rights. Some common signs include:
- Being terminated shortly before, during, or after maternity leave
- Experiencing a significant reduction in hours or responsibilities upon return
- Being denied reasonable accommodations related to pregnancy or childbirth
- Facing hostile treatment or harassment related to pregnancy or maternity leave
If you’ve experienced any of these situations, it’s crucial to consult with a Los Angeles fired on maternity leave lawyer to understand your options.
What To Do if You’ve Been Fired on Maternity Leave in Los Angeles
Document Your Termination
Record the details of your termination immediately, including the date, method of notification, and any reasons provided. Save all emails, text messages, and written communications from your employer regarding your pregnancy, leave, and termination.
Gather Your Employment Records
Collect your employment contract, recent pay stubs, performance reviews, and any documentation of your maternity leave approval. These documents establish your employment history and the timeline of events leading to your termination.
Request Your Personnel File
California law gives you the right to request copies of your personnel records. Submit a written request to your employer for your complete file, which can provide valuable evidence for your case.
Secure Your Medical Records
Obtain copies of medical records related to your pregnancy and any workplace accommodations requested. These documents help establish the timeline of your pregnancy in relation to your termination.
File for Unemployment Benefits
Submit your unemployment claim through the California Employment Development Department (EDD). Even if you believe your termination was wrongful, securing immediate financial support is crucial.
Get Legal Guidance
Contact a Los Angeles fired on maternity leave lawyer like Yoosefian Law Firm, P.C. before signing any severance agreements or waiver documents. Early legal intervention can protect your rights and improve your chances of a favorable outcome.
File a Government Complaint
Submit a complaint with the California Department of Fair Employment and Housing (DFEH) within the required timeframe. This step preserves your right to pursue legal action later.
Protect Your Healthcare
Explore your health insurance options, including COBRA coverage or Covered California plans. Maintaining continuous healthcare coverage during and after pregnancy is essential.
Contact Yoosefian Law Firm, P.C. for immediate assistance with your maternity leave termination case. We’ll evaluate your situation and help protect your rights under California’s strong pregnancy discrimination laws.
Common Misconceptions About Maternity Leave in Los Angeles
As a Los Angeles fired on maternity leave lawyer, we often encounter misconceptions about maternity leave rights. Let’s clarify some common misunderstandings:
- “Small businesses are exempt from maternity leave laws.” While some laws have employee thresholds, many protections apply regardless of company size.
- “You can be fired for any reason while on maternity leave.” This is false. Termination due to pregnancy or maternity leave is illegal in California.
- “You’re not entitled to your job back after maternity leave.” In most cases, you have the right to return to the same or a comparable position.
- “You can’t take maternity leave if you haven’t worked at the company for a year.” While some leave laws have length-of-service requirements, others, like Pregnancy Disability Leave, apply from day one of employment.
The Impact of Being Fired on Maternity Leave
Being fired on maternity leave can have significant personal and professional consequences. As a Los Angeles fired on maternity leave lawyer, we’ve seen the following impacts on our clients:
- Financial Stress: Loss of income during a time of increased expenses can be devastating.
- Career Setbacks: Unexpected job loss can derail career progression and future opportunities.
- Emotional Distress: The stress of job loss combined with the challenges of new parenthood can be overwhelming.
- Health Implications: Stress and financial worry can negatively impact both maternal and infant health.
These impacts underscore the importance of seeking legal support if you believe your rights have been violated.
Protect Your Maternity Leave Rights Today
If you’ve been fired during maternity leave in Los Angeles, don’t wait to take action. Contact Yoosefian Law Firm, P.C. for a confidential consultation. We’ll review your case and help you understand your legal options. Call us today at 818-275-8572 or complete our online form to get started.
Los Angeles Maternity Leave Lawyer FAQs
How long do I have to file a pregnancy discrimination claim in Los Angeles?
You must file a complaint with the California Department of Fair Employment and Housing (DFEH) within three years of the discriminatory act. After receiving a right-to-sue notice, you have one year to file a civil lawsuit.
Do I need to inform my employer of my pregnancy?
While not legally required, providing reasonable notice helps protect your rights. We recommend informing your employer in writing once you’re ready to share the news and want to discuss accommodations or leave plans.
What if my employer says my position was eliminated due to restructuring?
Even if your employer claims business necessity, the timing of a restructuring during maternity leave can be evidence of discriminatory intent. We can investigate whether other positions were truly eliminated and if alternative positions were offered to non-pregnant employees.
Will my health insurance continue during maternity leave?
If your employer provides group health insurance and you’re on protected leave, they must maintain your coverage under the same conditions as if you were actively working. This applies during CFRA, FMLA, and PDL leave periods.
Does my employer have to hold my exact position while I’m on leave?
Upon returning from protected leave, your employer must reinstate you to the same or a comparable position. A comparable position must have similar duties, pay, benefits, working conditions, opportunities for advancement, and geographic location.
What if my employer reduced my hours or responsibilities after I returned from leave?
Reducing hours, responsibilities, or opportunities after maternity leave may constitute pregnancy discrimination or retaliation. These adverse actions are legally actionable if connected to your pregnancy or leave.
Can my employer deny my request for pregnancy accommodations?
Employers must provide reasonable accommodations for pregnancy-related conditions unless they can prove undue hardship. Common accommodations include modified duties, flexible schedules, or temporary transfers to less strenuous positions.
What if I was fired shortly after announcing my pregnancy?
Termination shortly after pregnancy announcement creates a strong presumption of discrimination. The proximity in timing can serve as circumstantial evidence of discriminatory intent, even if the employer claims other reasons for termination.
How long can I take off work for pregnancy disability?
Under California law, you can take up to four months of Pregnancy Disability Leave. This is separate from the 12 weeks of bonding time available under CFRA, potentially allowing up to seven months of protected leave.
What if my employer is pressuring me to return to work early?
Your right to take the full amount of protected leave is guaranteed by law. Pressure to return early may constitute interference with your leave rights or pregnancy discrimination, both of which are legally actionable.
Can I be fired if my maternity leave extends beyond the protected period?
While employers aren’t required to hold your position beyond protected leave periods, they cannot discriminate against you based on pregnancy-related conditions. If additional leave is needed as a reasonable accommodation, your employer must consider this request.
What damages can I recover in a pregnancy discrimination case?
Potential damages include lost wages, emotional distress compensation, reinstatement, front pay, punitive damages in cases of willful discrimination, and attorney’s fees. Each case is unique, and damages depend on specific circumstances and evidence.
Contact Yoosefian Law Firm, P.C. for personalized guidance on your maternity leave rights in Los Angeles. We understand the complexities of pregnancy discrimination law and will fight to protect your rights.