Did Your Job Change After You Returned From Pregnancy Leave in El Cajon? How to Know If Your Rights Were Violated
Taking pregnancy leave should not put your career at risk. Yet many employees return to work after welcoming a child, only to discover that something has changed. Their responsibilities have been reduced. Their schedule is different. They are suddenly excluded from meetings, passed over for promotions, or treated as if they are no longer committed to their job.
If this sounds familiar, you may be wondering whether your employer’s actions are legal. The good news is that California provides some of the strongest protections in the nation for pregnant employees and new parents. Employers generally cannot punish workers for taking protected leave related to pregnancy, childbirth, or bonding with a new child.
If your employer changed your job after you returned from leave, you may have grounds for a claim involving workplace discrimination after taking pregnancy leave, workplace retaliation, or even wrongful termination.
The El Cajon workplace discrimination attorney at Eugene Bruno & Associates can review your case and inform you of your options for seeking compensation.
What Protections Do Employees Have After Pregnancy Leave in CA?
Several state and federal laws protect employees who take pregnancy-related leave. Depending on the circumstances, workers may be protected by:
- Pregnancy Disability Leave (PDL)
- The California Family Rights Act (CFRA)
- The Family and Medical Leave Act (FMLA)
- The California Fair Employment and Housing Act (FEHA)
Together, these laws provide important California pregnancy leave rights and prohibit employers from retaliating against employees for exercising them.
Generally speaking, employees who return from protected leave are entitled to return to the same position they held before taking leave or a comparable position with similar pay, benefits, duties, and opportunities.
What Is Pregnancy Disability Leave (PDL)?
Taking protected leave should not result in punishment or negative treatment. California’s Pregnancy Disability Leave law allows eligible employees to take time off when they are disabled by pregnancy, childbirth, or related medical conditions.
Pregnancy Disability Leave (PDL) may be available when an employee is unable to work due to pregnancy-related medical conditions, including severe morning sickness, pregnancy complications, prenatal care appointments, doctor-ordered bed rest, or recovery from childbirth. Eligible employees who take protected leave are generally entitled to return to work without facing discrimination, retaliation, or other adverse employment actions.
How Does the Law Protect New Parents?
After childbirth, many employees qualify for leave under CFRA, FMLA, or both. These laws allow eligible employees to take time off to bond with a new child without fear of losing their job. Employers generally cannot:
- Terminate employees for taking leave
- Reduce pay because leave was taken
- Remove job responsibilities as punishment
- Retaliate against employees for exercising protected rights
Unfortunately, some employers attempt to comply with the leave itself while violating the law after the employee returns.
What Are Common Signs of Workplace Discrimination After Taking Pregnancy Leave?
Certain actions may suggest pregnancy discrimination or retaliation.
Were Your Job Duties Reduced?
One of the most common complaints involves employees returning from leave only to find their responsibilities have been reassigned.
For example:
- Major accounts are given to coworkers
- Leadership duties disappear
- Decision-making authority is reduced
- Important projects are reassigned
Employers sometimes claim these changes were necessary for business reasons. However, if the reduction appears connected to pregnancy leave, it may raise legal concerns.
Were Your Hours Cut?
Reduced hours can significantly impact an employee’s income and advancement opportunities. Warning signs include:
- Fewer scheduled shifts
- Reduced overtime opportunities
- Less favorable schedules
- Unexpected part-time assignments
Were You Passed Over for a Promotion?
Some employers assume new parents are less committed to their careers. These stereotypes can lead employers to make unlawful decisions about promotions, leadership opportunities, training programs, and professional development opportunities. Employees cannot legally be denied career advancement simply because an employer assumes they are less committed to their jobs after becoming parents.
If you were qualified for an advancement opportunity but were overlooked after returning from leave, it may be worth examining whether discrimination played a role.
Are You Being Treated Differently Than Before?
Sometimes the warning signs are more subtle. Examples include:
- Exclusion from meetings
- Reduced communication from management
- Increased scrutiny
- Negative performance reviews without justification
- Hostile comments about parenting responsibilities
A pattern of unfavorable treatment can sometimes support a claim even if no single incident appears to be severe on its own.
Were You Fired After Taking Pregnancy Leave?
Being fired after taking pregnancy leave is one of the clearest situations in which legal concerns may arise. This does not mean every termination is illegal. But employers cannot terminate workers simply because they:
- Took protected leave
- Became pregnant
- Required pregnancy-related accommodations
- Requested leave under CFRA or FMLA
- Exercised their legal rights
What Is Workplace Retaliation?
Workplace Retaliation occurs when an employer punishes an employee for engaging in protected activity. Protected activities may include:
- Taking protected pregnancy leave
- Requesting accommodations
- Reporting discrimination
- Filing a complaint with HR
- Participating in an investigation
Retaliation can take many forms, including demotions, pay cuts, disciplinary actions, schedule changes, termination, or ongoing hostile treatment in the workplace. Any adverse action taken against an employee for exercising their legal rights may violate state or federal employment laws.
What Legal Remedies May Be Available?
Employees who successfully prove discrimination or retaliation may be entitled to various remedies. This may include:
Lost Wages and Benefits
Employees may recover:
- Back pay
- Lost benefits
- Lost bonuses
- Future lost earnings
Damages for Emotional Distress
Pregnancy-related discrimination can create significant emotional harm. California law may allow employees to recover damages for emotional distress, including anxiety, stress, humiliation, and other forms of emotional suffering caused by unlawful workplace conduct.
Reinstatement
In some cases, employees may be entitled to return to their former position.
Punitive Damages
When an employer’s conduct is particularly egregious, punitive damages may be available to punish wrongdoing and discourage future violations.
Speak With an Experienced El Cajon Workplace Discrimination Lawyer
If your job changed after returning from pregnancy leave, you do not have to navigate the situation alone. Eugene Bruno & Associates represents employees throughout El Cajon and San Diego County who have experienced pregnancy discrimination, retaliation, wrongful termination, and other workplace violations.
Call 1-888-BRUNO-88 (1-888-278-6688) to schedule a free consultation today.
FAQs About Pregnancy Leave Discrimination in California
Is it legal for my employer to cut my hours after maternity leave?
Not if the reduction is related to your pregnancy, leave, or status as a new parent. While employers can make legitimate business decisions, cutting an employee’s hours after they take protected leave may constitute workplace retaliation or pregnancy discrimination.
What should I do if I were fired after pregnancy leave?
If you were fired after pregnancy leave, gather and preserve any relevant evidence, including performance reviews, emails, schedules, and communications regarding your leave or return to work. Then, speak with a pregnancy discrimination lawyer as soon as possible to determine whether your termination violated California or federal law.
Can my employer deny me a promotion because I recently had a baby?
No. Employers cannot make employment decisions based on assumptions that new parents are less committed to their careers or unable to handle additional responsibilities. Denying promotions, leadership opportunities, or career advancement because of pregnancy or childbirth may violate California pregnancy leave rights and anti-discrimination laws.
What evidence can help prove pregnancy discrimination or retaliation?
Helpful evidence may include performance evaluations, disciplinary records, emails, text messages, witness statements, and documentation showing how your job changed after returning from leave. A timeline showing the connection between your protected leave and adverse treatment can also be valuable when pursuing a claim.
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