I'm Pregnant and Afraid to Tell My Boss!!
California law prohibits employers with at least five or more employees from discriminating against an employee on the basis of pregnancy, childbirth or pregnancy-related medical condition.
The Family and Medical Leave Act (FMLA) generally provides that an employee who is disabled on account of pregnancy is entitled to up to four months of leave from work. All time off needed for routine prenatal care, such as doctor's visits, as well as, time off for medically-ordered bed rest, severe morning sickness, childbirth, recovery from childbirth or other pregnancy-related condition may be counted against the leave time. Furthermore, if the employee does not exceed the leave time, she is guaranteed the right to return to work at the same position or a comparable position.
Like any physical disability, an employee disabled on account of pregnancy or a pregnancy-related medical condition has the right to request a medically-advisable reasonable accommodation, such as a request for less strenuous or less hazardous duties. The request needs to be based upon the recommendation of your doctor. Whether the accommodation must be provided is generally based upon whether the accommodation is reasonable and whether the requested accommodation unduly burdens the employer.
Any violation of the rights described above may give rise to a claim of sex (pregnancy) discrimination against your employer.
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