CA Pregnancy Leave
Get Legal Help Today
Secured with SHA-256 Encryption
CA Pregnancy Leave
I am an employer of a new company (6 mos) with only 15 employees. I have an employee who has been put off work 4 months before her due date for medical reasons. It will be very difficult to hold her job for a total of 6 months for her. Can I legally terminate her with the understanding that if we have a position available when she is ready to return to work we will re-hire her?
Asked on June 16, 2009 under Employment Labor Law, California
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You cannot fire someone for pregnancy -- it is actually quite discriminatory -- it makes no difference if you are a new company or not. Contact the California Dept of Industrial relations because California actually has disability for pregnant women that other states do not have.
See this link and then contact a labor lawyer at www.attorneypages.com. Check his or her disciplinary record at www.calbar.ca.gov under attorney search.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.