If there was a lay off while I was out on disability for pregnancy and when I went back they back dated my lay off date, is this legal?

UPDATED: Aug 26, 2011

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If there was a lay off while I was out on disability for pregnancy and when I went back they back dated my lay off date, is this legal?

I work in a plant that has a union. I knew there was going to be a large layoff. But I found out I was pregnant. They didn’t have any light duty for me, so they sent me home and told me to collect disability. They said when I was released from my doctor I would be laid off and had 1 year to be called back. Then I found out I was terminated months later. They back dated my year to when I went out on disability. Can they do this?

Asked on August 26, 2011 California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In all states in this country it is illegal to tamper with dates for disability starts and stops. The date one starts and ends disability as authorized per one's treating physician's order is the standing date for all benefits.

The state of California though its administrative agency in charge of disability has no tolerance for people or entities that alter dates for one's allowed disability. Under California law, a female employee can rarely be terminated when she is out on pregancy leave in that there are specific laws allowing the employee to return to work at a later date after the child is born.

If you were terminated while on disability, you need to contact your local California Department of Labor to speak with a representative about what happened to you. From what you have written, your termination from work by your employer may not have been legal.

Good luck.

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