The Fair Employment and Housing Act (FEHA), a California labor law aimed at protecting worker’s rights, prohibits the employer from discriminating or harassing an employee because of her pregnancy.
Conditions for Leave
Employees can only take pregnancy disability leave only if:
- They are actually disabled by pregnancy, childbirth, or a related medical condition and
- They are unable to perform one or more essential functions of their jobs without undue risk to themselves or to other persons or without undue risk to successful completion of their pregnancies
Right to Return to Same Position
Employees returning after four month leave have the right to return to the same position:
- An employer cannot refuse to return a woman who has taken pregnancy leave to her original position if they like her temporary replacement better or
- If while she was out on leave her employer identified performance deficiencies that existed prior to her leave.
ComplianceOnline Training on HR Compliance
When FMLA ends and ADA begins. The FMLA/ADA Crossover: Coordination, Management, and Compliance Strategies
This 90-minute training will assist you in understanding the complex interaction between FMLA and ADA (AA) as it relates to intermittent leave requests with an underlying accommodation.
3-hr Virtual Seminar - Boot Camp: Untangling the FMLA, ADAAA, GINA, and Workers Compensation Laws
This 3-hr training will show how you can deal with an employee who suffers from an on the job injury and his/her leave requirements trigger rights under the FMLA and the newly amended ADAAA.
Managing Employee Absenteeism and Tardiness
This HR compliance training will help you sort out the dos and don’ts of managing absenteeism and tardiness as per federal and state laws.
Pregnancy in the Workplace: Strategies to Protect Your Organization from Pregnancy Discrimination Claims
This Pregnancy Discrimination claims related training will provide essential strategies for ensuring that those rights are observed while at the same time allowing for the smooth operation of your organization.
California Wage and Hour Compliance: Payroll Unique to the Golden State!
This 90 minute California Wage and Hour Compliance training will help you understand the complexities surrounding California Wage and Hour Law Compliance and how it affects the function of any payroll department or company that has employees in California.
FLSA Pitfall to Avoid - Overtime and Wage Compliance The FLSA wage compliance webinar will discuss the scope of FLSA related to wage compliance and discuss about how to prepare for a wage inspection by learning how to calculate amount of money to pay to employee, when to pay overtime, how to know exempted employees for minimum wage requirements and the FLSA pitfalls to avoid.
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