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The Right to Return to Work after Pregnancy

9/5/2012

 
Pregnancy Disabilility Leave Law (PDLL) provides for reinstatement rights to returning employees. Following pregnancy disability, an employee generally has the right to be reinstated to the same position she held before the leave, with two excpetions: (i) an empoyee has no right to return if the position simply no longer exists; (ii) an employee has no reinstatement right if each means of preserving the job or duties for the employer, such as leaving it unfilled or filling it with temporary employee, would substantially undermine the employer's ability to operate the business safely and efficiently. For obvious reason the second item particularly applies to smaller employers. 

PDLL provides for leave for a period of four months. If an employee takes that leave for more than four months, the reinstatement right to the same or a comparable job does not apply unless the employer has a policy of allowing its employee to return to work after taking disability leave for longer than 4 months. 

An employer may require that an employee requesting a pregnancy disability leave or transfer provide certification of the pregnancy-related disabliity from the employee's doctor. That certification generally should include the date that the empoyee became disabled, probable duration of the disability, a statement that, because of the disability, the empoyee is unable to work or to perform one or more of the essential job duties of that specific position witout undue risk, until she successfully completes her disability.

The employer may also require a medical return to work release before allowing the employee to return to work, if that kind of policy is applied to other disabilities at the company, which are not related to pregnancy.

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  • Home
  • Employment Law
    • Wrongful Termination >
      • At-Will Employment
      • Termination After Unfair Warnings and Write-Ups
      • Union Grievance, Workers Comp and Wrongful Termination
      • Labor Code 970 Claims
      • Promissory Estoppel and Employment Contracts
      • Implied Contract Claims
    • Discrimination >
      • Proving Discrimination
      • Age Discrimination
      • Disability Discrimination >
        • Protected Disabilities
        • Medical Leave / Disability Accommodations
        • Job Reassignment As A Disability Accommodation
        • SSI Disability Benefits and Your Court Case
        • Sample Request for Reasonable Accommodation
      • Pregnancy Discrimination
      • Race Discrimination
      • Sample Discrimination Complaint
      • DFEH and EEOC Investigations
    • Retaliation >
      • How to Prove Retaliation
      • Dealing with Retaliation While Still Employed
      • Retaliation for Complaining
      • Whistleblower Retaliation
    • Harassment
    • Defamation at Workplace
    • Prof. License Defense
    • Leaves of Absence >
      • Medical Leave as Reasonable Accommodation
      • FMLA Entitlement and Reinstatement to Work
      • CFRA Leave
      • Employers' FMLA Notice Obligations
      • Paternity Leave (FMLA)
      • Sample FMLA Leave Request
    • Wages / Overtime Claims >
      • Wage Claims
      • Employee or Contractor
      • Exempt / Non-Exempt >
        • Admistrative Exemption
        • IT Support Specialists Compensation
        • Computer Professional Exemption from Overtime
        • Recruiters / Account Executives Exemption
        • Complaining About Being Misclassified
      • Vacation Pay / PTO
      • On-Call Time Compensation
      • Deductions fr. Commissions
    • Unempl. Benefits Appeals >
      • Tips for EDD Phone Interview
      • Unemployment Benefits Appeal Hearing Representation
      • CUIAB Hearing Tips
    • Employment Law Blog
    • For Employers
  • Personal Injury
    • Five Tips For Injury Cases
    • Slip-and-Fall Injuries
    • Assault and Battery
    • Recorded Statements
    • Repairing Your Vehicle
    • Unpaid Medical Bills
    • Injury Law Blog
    • Medical Malpractice
    • Police Excessive Force
  • Practice Areas
  • About
  • Results
  • Submit Case
  • Contact
  • Resources
    • Consultations
    • Workplace Rights Checklist
    • Deposition Tips
    • Mediation Tips
    • Effective Mediator
    • Suing Current Employer
    • Severance Agreements
    • Workplace Investigation
    • Arbitration
    • Statutes of Limitations
    • Healthy Litigation Mindset
    • Trial Tips
    • Working Remotely
    • How To Find The Right Lawyer For Your Case