Most employees have a guaranteed right to be reinstated with their employer when they return from family leave. 38 This is true even if the employee’s position was restructured or replaced to accommodate the employee’s absence. 39 If there was a mass layoff, for example, then the employer may be able to show that the employee would have lost her job for legitimate business reasons unrelated to the employee taking pregnancy disability leave.Ĭalifornia law does not, however, allow employers to deny reinstatement on the grounds that preserving the job or duties for the employee would be inconvenient for the employer. The most common exception to this right occurs when the employee would not have the same or comparable position, due to legitimate business reasons, even if she hadn’t taken pregnancy disability leave. 28 The employee may ask the employer to provide this guarantee in writing. 27 As such, California law has adopted strong reinstatement protections for employees returning from pregnancy disability leave.Įmployees who exercise their right to take pregnancy disability leave are guaranteed a right to return to the same or comparable position, unless certain exceptions apply. The right to take time off work is meaningless if there will be no job for the employee when they return. Reinstatement After Pregnancy Disability Leave The following conditions are commonly considered disabling for these purposes, and will entitle the employee to begin her pregnancy disability leave early:Ģ.4. If there are complications, the employee might be disabled even earlier. So it’s common for doctors to find their patient unable to work around week 36. Even sitting at a desk for long hours can be strenuous at that point. But, if pregnancy-related complications arise, the employee may become legally-disabled. 15Ī woman is disabled by her pregnancy if, in the opinion of her doctor, she is unable to perform any one or more of the essential functions of her job because of her pregnancy. 16īy about the 36th week of pregnancy, most women will experience some level of physical difficulty in performing one or more of the essential functions of their job. The most important question for women is whether they are, in fact, disabled by their pregnancy, the childbirth, or a related medical condition. 14 In general, pregnancy itself is not considered a disability. Maternity leave is therefore unpaid unless the employee has a separate legal right to pay during leave. 8 The laws controlling the right to pay during maternity leave are addressed in Chapter 5.īut first, we’ll explore the eligibility requirements for the different kinds of unpaid maternity leave in more detail. The right to pay during leave, however, is distinct from the right to take leave in the first place. These types of leave can be taken consecutively, allowing many employees to enjoy up to seven months of maternity leave per pregnancy-and possibly more if additional leave time would be a reasonable accommodation for the employee’s pregnancy-related disability. 7Įmployees will sometimes be entitled to pay or benefits during their maternity leave. Reasonable Accommodation Leave: Even after an employee has exhausted other types of leave, employers may be required to accommodate their employees’ pregnancy-related disabilities. 5 Sometimes this means giving more time off work. 6
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