should i still get 25 hours a week?

i am considered a part time employee i was working a steady for 25 hours a week before i went on medial leave or until the job was done witch gave me a lot more hours then 25. i had been working the same amount of hours for at least 9 months. should i still get 25 hours a week?

2 answers  |  asked Jun 29, 2012 5:44 PM [EST]  |  applies to California

Answers (2)

Marilynn Mika Spencer
I agree with Ms. Koehn.

Pregnancy discrimination is unlawful under California and federal law.

FEDERAL RIGHTS: In 1978, Congress amended the Civil Rights Act of 1964, Title VII 42 U.S.C. §§ 2000e to 2000e–17, by passing the Pregnancy Discrimination Act.

Under the Pregnancy Discrimination Act, "discrimination" means to treat a pregnant employee differently from non-pregnant employees, and adversely. The employee must be able to make a connection between the discriminatory treatment and the protected status (being pregnant). In other words, the employee will have to show that her pregnancy is reason the employer is treating her adversely. There are various ways to do this. Negative comments from supervisors or management; a sudden change in treatment (for the worse) as soon as or shortly after the employer learns about the pregnancy or the effects of pregnancy; or other incriminating conduct.

For information on pregnancy discrimination, see:
http://eeoc.gov/laws/types/pregnancy.cfm

For information on the Pregnancy Discrimination Act, see:
http://eeoc.gov/laws/statutes/pregnancy.cfm This law is enforced by the Equal Employment Opportunity Commission (EEOC). www.EEOC.gov

Under federal law, leave taken for an employee's incapacity due to pregnancy, childbirth or related medical conditions is governed by the Family and Medical Leave Act, 29 U.S.C. section 2101 et seq. (FMLA), just like leave for any other “serious health condition” of an employee. See my Avvo guide to the FMLA for more information: http://www.avvo.com/pages/show?category_id=6&permalink=family-and-medical-leave-fmla-summary-of-key-provisions.

CALIFORNIA RIGHTS: California employers must comply with federal law, as above, and also must comply with state law. The California pregnancy disability leave law, Government Code section 12945(a) (PDLL), is part of the California Fair Employment and Housing Act, California Government Code sections 12900, et seq. (FEHA). The PDLL requires employers to provide employees up to four months of unpaid leave for disability caused by pregnancy, childbirth or a related medical conditions.

Under some circumstances, an employer may be required to transfer an employee affected by pregnancy, childbirth or related medical conditions to a different job.

California has its own family and medical leave law, the California Family Rights Act, Government Code section 12945.2 (CFRA). It is substantially similar to the FMLA, but an employee's incapacity due to pregnancy, childbirth or related medical condition is not included in the definition of “serious health condition.” This is usually beneficial to the employee because CFRA leave and pregnancy disability leave are two separate and distinct rights under California law. They do NOT run concurrently, as they do under the FMLA. Instead, an employee in California may take four months of PDLL plus 12 weeks of family leave, provided of course that the employee meets the other conditions of these laws.

Employment law is complicated and fact specific. You may wish to speak with an experienced plaintiffs employment attorney. To find a plaintiffs employment attorney in California, please go to the web site of the California Employment Lawyers Association (CELA). CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is www.cela.org, and you can search for attorneys by location and practice area.

posted by Marilynn Mika Spencer  |  Jul 1, 2012 4:13 PM [EST]
Janet M. Koehn
You do not say what kind of leave you were on when you returned. It makes a difference. Did you take PDL (pregnancy disability leave?) as it appears your query was posted in "maternity". If so, there is a strict rule - you must be returned to the same, exact job you were doing previously, at the same, exact terms and conditions. If you were on "bonding leave" following PDL, you would be entitled to a substantially equivalent position (the same in pay, benefits, location, shift, etc.) If you were on ordinary disability leave, other rules apply.
In all cases, you are not protected from layoffs or reductions of hours that occurred at the company during your leave, and you would have been subjected to regardless of your leave. But the company cannot use your leave to "try out" doing without you.

You need to talk to an attorney experienced in employment law, and in particular in the law regarding pregnancy disability and leaves. You can find one in your area at the website of the California Employment Lawyers Association, www.cela.org.

posted by Janet M. Koehn  |  Jun 30, 2012 09:58 AM [EST]

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