Denied Maternity Leave: What Should an Employee Do?

Navigating the pregnancy journey is a significant life event filled with anticipation, excitement and a fair share of stress. One crucial aspect many expecting mothers must manage is applying for maternity leave. Unfortunately, some face the additional burden of having their maternity leave request denied by their employer, leaving them feeling unsure of how to handle the situation. When a denial occurs, an experienced employment attorney can help pregnant workers take the next steps to address the situation. Minnis & Smallets LLP is available to provide the guidance needed during this challenging time.

Overview of Maternity Leave in California

California offers some of the most comprehensive maternity leave protections in the country. It allows employees to take the necessary time off to care for their newborns without fear of losing their jobs. The key laws governing maternity leave in California are the Pregnancy Disability Leave Law (PDLL) and the California Family Rights Act (CFRA).

Pregnancy Disability Leave Law (PDLL)

The PDLL allows employees up to four months of leave if they are disabled by pregnancy, childbirth or a related medical condition. This includes any medically recognized physical or mental condition related to pregnancy, such as severe morning sickness, preeclampsia, postpartum depression and recovery from childbirth. Employees are deemed disabled if they cannot perform one or more essential functions of their job or if performing these functions poses a risk to their health or the health of their pregnancy.

California Family Rights Act (CFRA)

In addition to the PDLL, the CFRA grants employees up to 12 weeks of leave to bond with their newborn child, which begins after the employee is no longer disabled by the pregnancy. 

Steps to Take if Maternity Leave is Denied

Despite the clear protections provided by California law, some employers may still deny maternity leave requests. In such situations, it is crucial for individuals to be aware of the steps they can take to protect their rights.

1. Attempt to Resolve the Issue Internally

The first step is to address the issue directly with the employer. This may involve discussing the situation with the HR department or direct supervisor to understand the reason for the denial and to provide any necessary documentation that supports eligibility for maternity leave. Sometimes, a simple misunderstanding or lack of information can be resolved through direct communication. Employees may consider consulting with an attorney before speaking to other parties involved. 

2. File an Administrative Claim

If internal resolution efforts are unsuccessful, the next step is to file an administrative claim with the California Department of Fair Employment & Housing (DFEH). The DFEH is responsible for enforcing state laws that protect employees from discrimination, including violations of maternity leave rights. Filing a claim can prompt an investigation into the employer’s practices and may lead to a resolution without the need for further legal action.

3. Consider Legal Action

If the administrative claim does not resolve the issue, the individual has the right to file a lawsuit against the employer. Pursuing legal action can help secure compensatory damages, job reinstatement and even punitive damages if the employer’s conduct was particularly egregious. Given the complexity of employment laws, it is highly advisable to seek assistance from an experienced employment attorney to navigate this process effectively.

Seek Legal Guidance

Facing a denied maternity leave request can be an overwhelming experience, but it is important to remember that there are rights and options available. California’s robust legal protections are designed to support individuals during this critical time, and Minnis & Smallets LLP is ready to help. The dedicated and experienced attorneys are committed to providing personalized legal representation to ensure rights are protected and to pursue the most favorable outcome for each case. In challenging situations like this, contacting an attorney is encouraged. Call our firm now to schedule a consultation.