A pregnant employee cannot be placed on unpaid leave simply because of her pregnancy if she is able to perform her job duties with or without reasonable accommodations. Under California law, particularly the Pregnancy Disability Leave Law (PDLL) and the California Fair Employment and Housing Act (FEHA), employers are required to provide reasonable accommodations to pregnant employees, such as modified duties or a transfer to a less strenuous position. If an employee is unable to work due to a pregnancy-related condition, she may be entitled to pregnancy disability leave, which can be unpaid. However, forcing an employee onto unpaid leave without considering reasonable accommodations may violate her rights.
What Laws Protect Pregnant Employees from Unfair Treatment?
Several key laws protect pregnant employees from discrimination and unfair treatment, including:
- Pregnancy Discrimination Act (PDA): A federal law that prohibits discrimination based on pregnancy, childbirth, or related medical conditions.
- Americans with Disabilities Act (ADA): Provides protection for pregnancy-related disabilities, requiring reasonable accommodations.
- California Fair Employment and Housing Act (FEHA): Offers broader protections against pregnancy discrimination and mandates reasonable accommodations.
- California Pregnancy Disability Leave Law (PDL): Allows employees to take up to four months of leave for pregnancy-related conditions and ensures job protection during this period.
- Family and Medical Leave Act (FMLA): A federal law that entitles eligible employees to take up to 12 weeks of unpaid leave for certain family and medical reasons, including pregnancy and childbirth.
- California Family Rights Act (CFRA): Similar to FMLA, this state law allows eligible employees to take up to 12 weeks of unpaid leave for family and medical reasons.
Can an Employer Place a Pregnant Employee on Unpaid Leave?
In general, an employer cannot place a pregnant employee on unpaid leave solely because of her pregnancy. Here are some key points to consider:
- Reasonable Accommodation: Under the ADA and FEHA, employers must provide reasonable accommodations for pregnancy-related conditions unless doing so would cause undue hardship. Reasonable accommodations can include modifications to work duties, schedules, or providing equipment that allows the employee to continue working.
- Voluntary Leave: While an employer can offer unpaid leave as an option, it must be the employee’s choice to accept or decline. Forcing an employee to take unpaid leave against her will can be considered a form of pregnancy discrimination.
- Job Protection: Under PDL, FMLA, and CFRA, employees are entitled to job-protected leave. This means that an employer cannot place an employee on unpaid leave if the employee is capable of performing her job duties with or without reasonable accommodations.
- Medical Necessity: If a healthcare provider certifies that a pregnant employee cannot work due to medical reasons, the employee may be placed on unpaid leave under PDL or FMLA. However, this must be based on medical necessity and not the employer’s preference.
What Should a Pregnant Employee Do if Placed on Unpaid Leave?
- Document Everything: Keep detailed records of all interactions, communications, and directives from your employer regarding your pregnancy and any forced leave.
- Seek Medical Documentation: Obtain written documentation from your healthcare provider stating your ability to work and any necessary accommodations.
- File a Complaint: If you believe you have been unfairly placed on unpaid leave, you can file a complaint with the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC).
- EEOC: To file a complaint, visit the EEOC website or contact their office. Complaints must typically be filed within 180 days of the discriminatory act, extendable to 300 days under certain conditions.
- DFEH: To file a complaint, visit the DFEH website or contact their office. You have up to three years to file a complaint from the date of the discriminatory act.
- Consult an Attorney: Seek legal advice to understand your rights and explore the possibility of filing a discrimination lawsuit. An attorney can help you navigate the legal process and represent you in negotiations or court if necessary.
What Remedies are Available for Unfair Placement on Unpaid Leave?
If you successfully prove that you were wrongfully placed on unpaid leave due to your pregnancy, you may be entitled to various remedies, including:
- Reinstatement: Getting your job back.
- Back Pay: Compensation for lost wages from the time of forced leave to the resolution of the case.
- Compensatory Damages: Compensation for emotional distress and other losses.
- Punitive Damages: Additional compensation to punish the employer for their discriminatory conduct.
- Attorney’s Fees: Reimbursement for legal costs incurred during the process.
Contact Eldessouky Law
Navigating the complexities of pregnancy discrimination and forced leave can be challenging. At Eldessouky Law, we are committed to ensuring that your rights are protected. If you believe you have been unfairly placed on unpaid leave due to your pregnancy, contact us at Eldessouky Law to explore your options and protect your rights.
For more information on pregnancy-related rights and your legal protections, visit our blog section where we continually update and educate our clients on the latest in employment law. Remember, your right to work while pregnant is protected by law, and the law is on your side. Call Eldessouky Law today to discuss your case and ensure your rights are safeguarded.
