Generally, employees returning from pregnancy leave are entitled to return to their same job. There are a few exceptions - for example, if the position was elimited by a reduction in force or another legitimate business reason that had nothing to do with the employee taking leave. Even if the employer says your old job is not available, your employer should bring you back in a comparable position (same type of duties, wages, etc.), again unless the employer demonstrates that there is no comparable position available.
You should consult with an employment attorney.
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You should consult with an attorney to discuss your rights and remedies.
In California, most pregnant employees can take up to 16 weeks of pregnancy disability leave from their employers for medical issues related to pregnancy and child birth. Additionally, some employees can take an additional 12 weeks of family and medical leave to bond with their new baby (based on the size of the employer and the employee's length of service and hours worked).
It sounds like you only took the former, pregnancy disability leave. It is unlawful to terminate an employee for taking pregnancy disability leave. It is also unlawful to fail to reinstate an employee at the conclusion of the leave in most instances.Ask a similar question
Your employer may have violated California's Fair Employment and Housing Act (FEHA) and/or the California Family Rights Act (CFRA), among other things. These statutes prohibit most employers with 15 or more employees from "refus[ing] to allow a female employee disabled
by pregnancy, childbirth, or a related medical condition to take a leave for a reasonable period of time not to exceed four months and thereafter return to work" (Gov't Code 12945). Also, discrimination against someone based on pregnancy or childbirth is considered gender discrimination.
You would want to contact an attorney and/or file a claim with your local office of the Department of Fair Employment and Housing (http://www.dfeh.ca.gov/Contact_Locations.htm).
Best of luck to you.
Disclaimer: This reply does not constitute legal advice or the establishment of an attorney-client relationship, and constitutes only general guidance based on the limited information provided, and may not take into account additional relevant facts and circumstances pertaining to your specific situation.Ask a similar question