San Jose Pregnancy Discrimination Attorneys

Pregnant and recent mothers have rights under the law that both employees and employers should be aware of. In California, employers with at least five employees are obligated to provide up to four months of pregnancy leave. In addition, there are other state and federal laws that provide medical and disability leave. Formulating how much leave as well as which leave applies and when can be very complicated for both employees and employers. An experienced San Jose pregnancy discrimination attorney can help you determine your rights as an employee or as an employer when it comes to pregnancy and medical leave.

More Than 45 Years of Legal Experience

For more information about pregnancy discrimination matters, contact Phillip J. Griego & Associates. Our skilled employment law attorneys have more than 45 years of legal experience and provide effective and thorough employment law advice. Whether you are an expectant parent who feels your rights are being denied or an employer who needs assistance with a pregnancy discrimination case, we can help you get answers.

Pregnancy Disability Leave Act (PDLA)

The Pregnancy Disability Leave Act (PDLA) under the Fair Employment and Housing Act (FEHA) provides protection for pregnant employees. The act requires that pregnant employees must be free from harassment/discrimination and have the right to take time off from work. The PDLA also guarantees that these employees receive the same or equivalent position when they return to work.

The California Labor Code also provides protection by requiring employers to make accommodations for returning mothers. They include accommodations for lactating mothers, longer breaks and closed-off rooms (other than restrooms) allowing the employee to breast-feed or pump.

Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) guarantees that employees disabled as a result of pregnancy are entitled up to four months of leave. Employees returning from Pregnancy Disability Leave may be entitled to an additional twelve (12) weeks of “bonding leave” under the California Family Rights Act (CFRA). Although generally unpaid, the leaves can be taken intermittently.

Contact Santa Clara Maternity and Disability Leave Lawyers

If you are involved in a dispute regarding pregnancy discrimination or medical leave, contact Santa Clara maternity and disability leave lawyers at Phillip J. Griego & Associates to schedule an appointment to discuss your case. Now available to see clients in Alameda County and the East Bay Area, call (925) 364-4655.Now available to see clients in Alameda County and the East Bay Area, call (925) 364-4655.