Job termination during pregnancy related disability


My wife has complication in pregnancy and that's why doctor has advised to take extended time off ( 4-1/2 months post delivery). Since she was less than 1 year with company, she can take CA PDL only for her disability ( no FMLA or CPR). There is job protection for 4 months in PDL, so employer is terminating her job after 4 months and refuse to provide any options.
Can we do something about it ?
Since doctor has advised to take rest , she can't join before 4 months.

Please advise,



1 answer  |  asked Jan 15, 2009 11:01 PM [EST]  |  applies to California

Answers (1)

Arkady Itkin
Pregnancy related employment question


Although more facts are necessary to determine your wife's rights, it is possible that her employer violated disability laws under FEHA by failing to engage in the interactive process to find reasonable accommodations as required by law. This, of course, would depend on the nature of the job of your wife, the kind and the size of her employer and other circumstances. If you would like to discuss this further, feel free to contact me.

Arkady Itkin
San Francisco & Sacramento
Employment & Injury Lawyer

posted by Arkady Itkin  |  Jan 16, 2009 4:09 PM [EST]

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