Articles Posted in Medical Leave

Pregnancy is a life-changing experience. Many blogs cover the physical and emotional challenges of pregnancy, but this post is intended to be a step-by-step of guide to the legal rights of expectant mothers in the workplace.

Morning Sickness

Among the many “joyful” experiences of pregnancy is first trimester morning sickness – a nauseous feeling caused by increased hormones. The term is a misnomer because morning sickness can occur at any time of the day – even during work hours.

The Family and Medical Leave Act (FMLA) is a federal law that provides job security to an employee who is absent from work because of the employee’s own serious health condition or to care for specified family members with serious health conditions, as well as for the birth of a child and to care for a newborn child, or because of the placement for adoption or foster care of a child with the employee. 29 USC § 2601 et seq.

The California Family Rights Act (CFRA) is the California equivalent of FMLA and provides similar protections. Gov.C. § 12900 et seq. Under FMLA and CFRA, both the mother and father are entitled to leave to bond with the newborn even if the newborn does not have a serious health condition. See 29 CFR § 825.120(a)(2).

The New Parent Leave Act (NPLA), which became effective on January 1, 2018, applies to smaller employers with 20-49 employees. (FMLA and CFRA cover 50 or more employees). Gov. C. § 12945.6. The NPLA requires employers with at least 20 employees to provide up to 12 workweeks of parental leave for eligible employees to bond with a new child within one year of the child’s birth, adoption or foster care placement.

In California, covered employers are required to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for certain family and medical reasons, such as an employee’s serious health condition. But what happens if the employee is unable to return to work after the protected leave expires? When can an employer hire someone else to fill that position?

Our firm gets this question often from employers who feel they are being “held hostage” by employees who are unable to return to work. Their business suffers from an insufficient workforce, but it will suffer more if accused of disability discrimination.

Under the Family Medical Leave Act (“FMLA”) and the California equivalent, the California Family Rights Act (“CFRA”), an employer is only required to make an offer of equivalent employment. However, the Americans with Disabilities Act (“ADA”) and workers’ compensation laws create additional obligations to “reasonably accommodate” the employee’s disability.