Returning to work after maternity leave can be both an exciting and challenging experience. As a new parent, you may face emotional adjustments, logistical hurdles, and the need to balance your work responsibilities with your growing family.
Fortunately, California law provides robust protections to ensure that new mothers can transition back to work without fear of discrimination or unfair treatment. At Leichter Law Firm, the Los Angeles employment law attorney, Aryeh Leichter, is committed to empowering employees by clarifying these rights and protections.
Your Right to Take Maternity Leave
Under the California Family Rights Act (CFRA) and Pregnancy Disability Leave (PDL) laws, eligible employees are entitled to take leave for pregnancy, childbirth, and bonding with a new child.
- Pregnancy Disability Leave (PDL): Allows up to four months of leave for pregnancy-related medical conditions, including recovery from childbirth.
- California Family Rights Act (CFRA): Provides an additional 12 weeks of leave for bonding with your baby, which can be taken after PDL ends.
These laws apply to employers with five or more employees, and both full-time and part-time employees may qualify if they meet the eligibility criteria.
Your Right to Job Reinstatement
One of the most critical protections under California law is the right to return to your job after maternity leave. Employers are legally required to reinstate you to the same position or a comparable one with similar duties, pay, and benefits. Your employer cannot demote you, reduce your salary, or change your job responsibilities simply because you took leave.
Your Right to Be Free from Retaliation
Employers cannot retaliate against you for taking maternity leave.
Retaliation can include:
- Being fired or laid off.
- Being passed over for promotions or raises.
- Receiving negative performance reviews unfairly tied to your leave.
- Experiencing workplace hostility or discrimination.
If you believe your employer is retaliating against you, it’s essential to seek legal advice immediately.
Reasonable Accommodations for Nursing Mothers
California law also requires employers to accommodate nursing mothers upon their return to work.
This includes:
- Providing a private space (not a bathroom) for breastfeeding or pumping.
- Allowing reasonable break times for milk expression.
These accommodations are vital for supporting your health and your baby’s well-being as you transition back to work.
Steps to Take If Your Rights Are Violated
If your employer fails to honor your rights or discriminates against you, you have options:
- Document Everything: Keep records of any discriminatory actions, conversations, or changes in your role.
- Communicate in Writing: If issues arise, address them with your employer in writing to create a paper trail.
- Seek Legal Guidance: Contact an experienced Los Angeles employment law attorney to assess your situation and help you take action.
How Leichter Law Firm Can Help
Returning to work after maternity leave should be a smooth and supportive experience, not one filled with unfair treatment or stress. If you believe your rights have been violated, Leichter Law Firm, APC is here to help.
Contact Aryeh Leichter, the Leichter Law Firm founder, and employment law attorney in Los Angeles County, to discuss your situation and explore your legal options.