Like other states, California also enacts its own laws to cater the needs of its people. A number of its state laws deal with employment issues like workplace harassment, wages and leaves, and disability issues such as disability discrimination and benefits. In California's Pregnancy Disability Leave law (PDLL), these two issues are both addressed.
Under PDLL, a qualified employee is entitled to 12 weeks of unpaid leave during her pregnancy or to care for a newborn child. If you are a pregnant employee and you need to file a pregnancy leave for your childbirth, here are some things you need to do:
- Inform your employer at least 30 days before taking the leave. Taking a leave is not that simple. Your employer will have to make sure that there is someone who can do the tasks you will leave behind.
- Provide the necessary medical documents and records. Before filing a pregnancy leave, you should make sure your medical files are complete. You will need to submit them to your employer for records.
- Make sure you are a qualified employee. Being a qualified employee is stated in your employment contract. Read it and understand the underlying terms in it.
- Your employer should have five or more employees. If an employer has less than five workers, he is not covered by the PDLL or the Family Medical Leave Act (FMLA).
- You have not yet taken other medical leaves recently. The PDLL and FMLA leaves work concurrently. This means if you have already taken a full leave under the FMLA recently, you would not have any more for your pregnancy leave.
Once you have taken these factors into consideration, you would have higher chances of obtaining your pregnancy leave. However, if you have met all the requirements and yet you were not allowed to take the leave, then you need to seek legal help. You can hire a Los Angeles labor attorney in to file a complaint against your employer. Here are some of the benefits you may obtain if you become successful in your complaint:
- Compensation for damages
- Legal fees
- Protection from retaliatory actions
Obtaining pregnancy leaves is an important issue especially for female employees. If they cannot take such leaves, they would become worried and anxious, putting themselves and their babies in danger. In a situation where an employer refuses to provide pregnancy leaves to his employees, getting an Los Angeles Employment Attorney is the best solution for the compromised employees.