Re: Any employment law experts here?
Tread carefully. Over and over I see someone gets let go because they are pregnant - and the law is on their side - they can sue like crazy. The sad thing is usually these people won't even come back. You don't know how many people I know trying to sue their employer though they never intended to go back. The law is very 1-sided in the pregnant woman's favor.
I think Tina has a point though, if she misses a lot of work, there is only so much they have to do for her job.
California is very liberal and I tried to stay on top of all the laws through my pregnancies. I work at a small firm not covered by FMLA but it didn't matter because CA had so many rules to protect the pregnant. BUT the one thing I Am pretty sure of was my job was never guaranteed once I took more than disability which I did twice. I was concerned about my rights because too many pregnant women taking advantage and leaving a bad name for the rest of us who intended to keep our jobs (particularly as I for one support my family).
If she is legitimately on disability there may not be much you can do, but overall small employers have a little more flexibility due to the hardship it takes to replace an employee on leave. (CA is different because disability is provided by the state, and so the leave laws are tied to the actual disability taken it seems. IT seems to be even if I Was on disability 6 months my small employer would have to hold a job for me. but I know it is very different here than other states.).
However, acting now before there is any indication if she will truly take a lot of time off (because who knows) is sticky. Probably worth consulting a labor lawyer before doing anything.
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