Pregnancy Discrimination

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Pregnancy Discrimination

Pregnant women in the workplace have several protections delineated in The Pregnancy Disability Leave Law (PDLL) which is part of the FEHA

What are Employers Required to do for Pregnant Employees?

Employers must provide up to four months of leave for disability to an employees, pregnancy, childbirth or related medical conditions

Employers may be required, under certain circumstances, to transfer to an employee affected by pregnancy, childbirth or related medical conditions to a different job

Employer Must Provide Reasonable Accommodations to Pregnant Employees. Types of Reasonable Accommodations Include:

Modifying work practices, policies for duties (e.g. implementing weight lifting restrictions);

Modifying work schedules to permit early or later hours or more frequent breaks;
Providing or modifying furniture (e.g. stools or chairs);

Breastfeeding mothers also have rights. Employers must take reasonable efforts to provide a private location, other than a bathroom for an employee to express milk and must provide a reasonable amount of break time to do so

Pregnancy disability leaves under the PDLL run concurrently with leave taken under the FMLA. Thus, if an employee takes 12 weeks of leave due to a pregnancy related issue pursuant to FMLA, the employee will have exhausted her annual entitlement to FMLA leave and will have exhausted 12 weeks of the four month PDLL leave entitlement (assuming FMLA was proper).

Unlike FMLA, PDLL leave and CRFA leave do not run concurrently as they are separate and distinct rights that employees have under California law. After a lawful four month pregnancy disability leave , an employee will still have the right to take a CFRA leave of up to 12 weeks “for reason of the birth of her child, if the child has been born by this date” (provided that the entire CFRA leave was not taken prior to the pregnancy disability leave). Thus, the maximum leave an employee can take is four months per PDLL plus 12 workweeks per CFRA. An employee is only entitled to use the maximum four month if she was actually disabled by pregnancy for 4 months, and is entitled to the CFRA leave only if she meets CFRA eligibility rules and has not previously used the CFRA leave for another purpose.

If an employer allows more than four months of leave for similarly situated employees with other temporary disabilities (other than occupational disabilities) it must also extend the amount of leaves to employees that are temporarily disabled by pregnancy, childbirth or related medical conditions.

Pregnancy disability leaves are unpaid except in the following situations:

If an employer has a policy of allowing employees affected by other temporary disabilities to take paid disability leaves, it must pay the same for pregnancy disability leave.

Employers may require employees taking pregnancy disability leave to use any accrued, paid sick leave during the otherwise unpaid portion of the leave. (If an employer does not require this, than an employee has the option of using the accrued paid sick leave during the otherwise unpaid pregnancy leave).An employer cannot require an employee taking leave for a pregnancy disability to use its paid vacation and/or other accrued personal time off, however, the employee may choose to do so voluntarily.

CALL US FOR HELP

For questions about FMLA/CRFRA protected leave and to speak to our skilled staff, do not hesitate to contact us at Duel Law. Duel Law Firm is here to help. Call us at 310-975-7095.

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The Companies Act 1994 is the enabling act in Bangladesh which deals with entire companies affairs; whether it is private, public.

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OUR PERFORMANCE

Why Choose Us For Your Case.

Get Legal Advice

The Companies Act 1994 is the enabling act in Bangladesh which deals with entire companies affairs; whether it is private, public.

Criminal Case & Brock Law

The Companies Act 1994 is the enabling act in Bangladesh which deals with entire companies affairs; whether it is private, public.

Traffic & Road Violance

The Companies Act 1994 is the enabling act in Bangladesh which deals with entire companies affairs; whether it is private, public.

Get a Free Consultation

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270 NORTH CAÑON DRIVE

THIRD FLOOR

BEVERLY HILLS, CA 90210


JASMINE@DUELLAWFIRM.COM


310-975-7095

The materials and information presented on this website are for general informational purposes only and should not be construed as legal advice or other professional advice on any matter. Nothing on this website creates an attorney-client relationship between Duel Law Firm and any person. No attorney/client relationship occurs between Duel Law Firm and any person unless and until you sign an agreement confirming the nature and scope of representation and attendant terms in a written Duel Law Firm retainer agreement. Each case or matter is different and is judged on its own merits and past successes in litigation do not guarantee success in any new or future lawsuit. Duel Law Firm expressly disclaims all liability with respect to actions taken or not taken based on any or all of the contents of this website. Please do not act or refrain from acting based on anything you read on this website. In no event shall Duel Law Firm be liable for any direct or indirect damages resulting from an individual or entity’s use of information from this website. Your communication with Duel Law Firm and its attorneys through this website or by email does not form an attorney/client relationship. You should not provide any confidential information or material to Duel Law Firm unless you and Duel Law Firm are parties to a signed written retainer agreement. Neither transmission nor receipt of any information through this website or by email creates an attorney-client relationship with Duel Law Firm. This website is legal advertising.

Quick Links

Contact

270 NORTH CAÑON DRIVE

THIRD FLOOR

BEVERLY HILLS, CA 90210


JASMINE@DUELLAWFIRM.COM


310-975-7095

The materials and information presented on this website are for general informational purposes only and should not be construed as legal advice or other professional advice on any matter. Nothing on this website creates an attorney-client relationship between Duel Law Firm and any person. No attorney/client relationship occurs between Duel Law Firm and any person unless and until you sign an agreement confirming the nature and scope of representation and attendant terms in a written Duel Law Firm retainer agreement. Each case or matter is different and is judged on its own merits and past successes in litigation do not guarantee success in any new or future lawsuit. Duel Law Firm expressly disclaims all liability with respect to actions taken or not taken based on any or all of the contents of this website. Please do not act or refrain from acting based on anything you read on this website. In no event shall Duel Law Firm be liable for any direct or indirect damages resulting from an individual or entity’s use of information from this website. Your communication with Duel Law Firm and its attorneys through this website or by email does not form an attorney/client relationship. You should not provide any confidential information or material to Duel Law Firm unless you and Duel Law Firm are parties to a signed written retainer agreement. Neither transmission nor receipt of any information through this website or by email creates an attorney-client relationship with Duel Law Firm. This website is legal advertising.

Quick Links

Contact

270 NORTH CAÑON DRIVE

THIRD FLOOR

BEVERLY HILLS, CA 90210


JASMINE@DUELLAWFIRM.COM


310-975-7095

Disclaimer

The materials and information presented on this website are for general informational purposes only and should not be construed as legal advice or other professional advice on any matter. Nothing on this website creates an attorney-client relationship between Duel Law Firm and any person. No attorney/client relationship occurs between Duel Law Firm and any person unless and until you sign an agreement confirming the nature and scope of representation and attendant terms in a written Duel Law Firm retainer agreement. Each case or matter is different and is judged on its own merits and past successes in litigation do not guarantee success in any new or future lawsuit. Duel Law Firm expressly disclaims all liability with respect to actions taken or not taken based on any or all of the contents of this website. Please do not act or refrain from acting based on anything you read on this website. In no event shall Duel Law Firm be liable for any direct or indirect damages resulting from an individual or entity’s use of information from this website. Your communication with Duel Law Firm and its attorneys through this website or by email does not form an attorney/client relationship. You should not provide any confidential information or material to Duel Law Firm unless you and Duel Law Firm are parties to a signed written retainer agreement. Neither transmission nor receipt of any information through this website or by email creates an attorney-client relationship with Duel Law Firm. This website is legal advertising.

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