How Can I Sue My Employer For FMLA Pregnancy Leave Violations?
As beautiful as it sounds, pregnancy in reality is a difficult experience, not only for the woman but also for the other parent. During this period, it can be extremely difficult for the parents to maintain a work-life balance.
For this reasons, there are several federal and state laws that facilitate pregnant employees and new parents. These laws prohibit any kind of harassment and discrimination against such employees. It also allows a leave time for new parents, including pregnancy leave, maternity leave, and post-pregnancy leave.
Pregnancy leave is a certain time period that grants employees to avail time off work during pregnancy, childbirth, miscarriage, or any other physical or mental problem that is related to pregnancy.
Pregnant women are rightfully entitled to a pregnancy leave. The laws also gives them the right to reasonable accommodation and take leave from work in the event of pregnancy and other related conditions. The laws prohibit the employer to reject a pregnant applicant, harass, discriminate, demote, or terminate a pregnant employee.
The issues that arise due to pregnancy are treated as a disability. As the term disability is a broad concept, pregnancy-related complications also fall under this term, and so pregnant employees are eligible for disability leave in case of any health problems.
Pregnancy disability stands for any physical or mental disorder that is in any way linked to pregnancy, or childbirth, which causes hindrances for the employee to perform their required job functions without risking themselves, their pregnancy, or others.
A pregnant employee who is entitled to get pregnancy disability leave is allowed to take up to 4 months of time away from work during the time they’re struggling to get work done. Although the exact time period of leave varies from employee to employee based on their condition, a normal pregnancy and delivery leave is given up to 4 weeks before the childbirth and up to 6 weeks following the birth. It isn’t necessary to avail all of it at once, and can be availed in intervals as well.
This type of disability is considered as a short-term disability, so the leave covers the pay or some part of it during your time off work.
Suing for FMLA Pregnancy Leave Violation
The employers are legally required to comply with the Family and Medical Leave Act (FMLA); otherwise they would have to deal with grave consequences. If an employee that qualifies for FMLA is denied leave, they have the right to lodge a complaint against their employer.
Unless an otherwise specified by the employee, the employer is not permitted to count the leave as FMLA leave on their own.
If there is ever any confusion regarding what is legal interaction and what may qualify as discrimination, contact our disability discrimination attorney at Eldessouky Law in Anaheim, California today at (714) 793-0594 to understand your rights, and hold your employer accountable if they are in violation of state or federal laws.