What can I do if my employer did not allow me back to work after maternity leave?

Asked on July 16, 2012 under Employment Labor Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

Under the California Pregnancy disability leave law (the PDLL), an employee returning from leave generally has the right to be reinstated to the same position she held before taking her leave unless 1) the job no longer exists due to legitimate business reasons unrelated to the employee taking a pregnancy disability leave (such as a layoff pursuant to a plant closure); or 2) each means of preserving the job or duties for the employee (such as leaving it unfilled or filling it with a temporary employee) would substantially undermine the employer's ability to operate the business safely and efficiently.  That said, the PDLL only applies to businesses with 5 or more employees, so I am not sure if it applies to you or not.

If you are in the Ventura County Area, feel free to contact me.


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