Pregnancy Leave

Juggling a family and a job is stressful.  I frequently speak with men and women who are trying to balance job security with the demands of raising a family.  In this post I will review various regulations that relate to time away from work due to pregnancy.  Unfortunately for the well informed California Employee, the protections that exist vary depending on the type and size of your employer. 

California Pregnancy Disability Leave Law AKA “PDLL”

The PDLL requires employers who employ 5 or more employees to provide up to four months of leave to any employee who is disabled by their pregnancy.   The leave can be taken before, during, or after the birth of the child, or split into different time periods.  The employer is not required to pay any wages to the employee while out on leave; however the employer generally must hold the job open for the employee.  There is no length of service requirement for the PDLL meaning even recently hired employees are eligible for this leave. 

Paid Family Leave AKA “PFL”

Since 2004 California workers whose employer contribute to the State Disability Insurance (SDI) fund are entitled to six weeks of partial pay (usually about 55% of wages up to a maximum limit) each year while taking time off from work to: bond with a newborn baby, adopted or foster child; and care for a seriously ill parent, child, spouse or registered domestic partner.  This leave can be used in conjunction with other leave types available and is available to an employee starting day one of their employment. 

California Family Rights Act AKA “CFRA”

Leave under CFRA may be available if all of the following are true: (1) the employee has worked at least one year for their employer; (2) the employee has worked at least 1,250 hours in the past year, and (3) the employer has at least 50 employees working within 75 miles of the employee’s worksite.  If eligible as described above, an employee is able to take up to twelve weeks of leave in addition to the PDLL.  CFRA leave can be used to “care for a sick child, spouse, or parent with a serious health condition; or to care for a newborn child, newly adopted child, or foster child.”  As with PDLL this leave is without pay, however the employer is usually required to reinstate the employee to the same or similar position once the leave has ended. 

In addition to the leaves listed above, some employers have leave policies, and/or short term disability benefits that may cover some wages while a pregnant employee is out on pregnancy disability leave.  Depending on their medical condition and physician care, some pregnant employees may qualify for California State short term disability benefits (STI). For more information from the State of California on Pregnancy and employment go here.

As you see there are several leave types available for the pregnant California employee.  In addition to the basic information as described above, each leave type of a few other terms and conditions.  For information specific to your situation please call 619-234-3054 for a consultation.

Finally, it is illegal for any employer to treat you differently or punish you for taking pregnancy leave as described above. You generally have a right to be reinstated to your position upon return from your leave.  If you feel your employer is retaliating against you in any way for accessing pregnancy leave, call Gienapp Law, APC at 619-234-3054 for a free consultation. 

Hostile Work Enviornment

The Hostility Issue AKA The Hostile Work Environment

I frequently get telephone calls from disgruntled employees who believe they work in a hostile work environment.  Many times an employee tells me of their “Type A” personality boss who has worked his or her way into a position of authority in the workplace and runs his or her office with an iron fist.  I will call the person of authority the "bossy boss."  The bossy boss believes anger, fear, and outbursts are the best way to motivate and will frequently raise their voice in an effort to strike the proper tone.   To make matters worse the bossy boss is usually uneven.  One day a confusion or an error by an employee receives a simple clarification and correction, but the next day the same confusion or error receives a series of threats and insults and a vein popping display from bossy boss which leaves the employee in a state of shock.

Frequently by the time the employee is calling me he or she is about to go on stress leave and has four of the five signs of post traumatic stress disorder.  The employee calls me because he or she want to sue their employer for allowing a hostile work environment.   Before I address the bossy boss situation I will briefly describe the oft misunderstood term “hostile work environment.”

The term “hostile work environment” arises out of the body of laws which prohibit sexual harassment at work. Sexual harassment is verbal, physical, or sexual behavior directed at an individual because of his or her gender.  It consists of any unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature.   The question frequently arises, when do words alone arise to the level of sexual harassment.  The answer involves the famous “hostile work environment.” 

The “hostile work environment,” also called the “abusive working environment,” is a term created by Judges used to describe behavior that crosses the line from mere speech to illegal and actionable sexual harassment.  The California Supreme Court describes the line as follows, the harassment complained of must be “sufficiently severe or pervasive so as to alter the conditions of employment and create an abusive working environment.” Aguilar v. Avis Rent a Car System, Inc.   Other Judges have interchanged the words “abusive” and “hostile” in describing this sexually charged working environment.   However the elements are the same; severe or pervasive sexually oriented conduct and a working environment that is somehow changed and altered as a result of the conduct. When both are present we have the “hostile work environment.”   In recent years the same term has been used to describe harassment based on other protected characteristics including religion, race, national origin and in California, sexual orientation. To find out more information about discrimination in the work place go here.

What about our bossy boss. Is threatening your subordinate employee legal?  Can a boss yell at his or her employee until the employee has to seek stress leave? Does the stressed out employee have any legal options?  It depends.  Unfortunately California does not have civility laws.  A mean spirited, uneven bossy boss who yells threats and insults is not necessarily in violation of any employment laws; especially if the bossy boss is an equal opportunity screamer, meaning every one in the department gets the same terrible treatment.   However, if some people in the department are singled out for worse treatment than others, there may be actionable harassment.  In any case it is always a good idea to check with any employment attorney to determine what options are available.  If something is happening at work that you feel may be unlawful your best defense is to become fully informed of your rights.  Call Gienapp Law, APC for a free consultation 619.234.3054 or visit our web site.