CA Pregnancy Leave

I am an employer of a new company (6 mos) with only 15 employees. I have an employee who has been put off work 4 months before her due date for medical reasons. It will be very difficult to hold her job for a total of 6 months for her. Can I legally terminate her with the understanding that if we have a position available when she is ready to return to work we will re-hire her?

Asked on June 16, 2009 under Employment Labor Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You cannot fire someone for pregnancy -- it is actually quite discriminatory -- it makes no difference if you are a new company or not.  Contact the California Dept of Industrial relations because California actually has disability for pregnant women that other states do not have.

See this link and then contact a labor lawyer at www.attorneypages.com.  Check his or her disciplinary record at www.calbar.ca.gov under attorney search.

http://www.dir.ca.gov/

http://www.dir.ca.gov/dlse/FAQ_Discrimination.htm

 

http://www.dir.ca.gov/dlse/DLSE-FAQs.htm


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