If I’m pregnant and am going to go on leave in 2 monthys, will I have a job to return too?

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If I’m pregnant and am going to go on leave in 2 monthys, will I have a job to return too?

My employer told me because I said when the baby comes I can’t work weekends anymore because my husband does, that he may not have a position for me even though I currently work 6 days a week, including Saturdays. Is it fair that I would have no job to return to?

Asked on June 6, 2016 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

As a general matter, if you can no longer work the days that your employer wants or needs you to work, you can be terminated: an employer is not required to accommodate your family needs (e.g. the need for someone to be home on the weekends with your child).
However, employers may not discriminate against women, so IF the employer allows male employees to not work weekends while requiring you to do so, you may have an employment discrimination claim...unless, that is, the nature of your job/position, as opposed to that of the male employees, requires you to work weekends while not requiring them to do so; different jobs or positions may be held to different standards.
However, if the other employees who do not work weekends include other women, it most likely would not be illegal sex or gender based discrimination. An employer may treat one employee differently than another, so long as the differential treatment is not based on sex (or, for that matter, on age over 40, disability, race, national origin, or religion). 
If you believe that you do have a sex-based discrimination claim and are fired, contact the federal EEOC or your state's equal/civil rights agency.


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