What to Do If You Are Denied Maternity Leave in Los Angeles? 2025

If you are pregnant and working in California, you may face a difficult situation that leaves you wondering what to do if you are denied maternity leave in Los Angeles. Maternity leave is a fundamental right for expecting mothers, ensuring they can take time off work for childbirth and recovery without fear of losing their employment.

There are laws that protect this right. However, there are instances where employees face challenges in accessing maternity leave. If you find yourself in such a situation, it is extremely important to understand your legal rights and the steps to take if these rights have been violated in any way. Speaking with a pregnancy discrimination lawyer can be an important step in protecting your rights and holding your employer accountable.

Legal Protections for Maternity Leave in Los Angeles

• Family and Medical Leave Act: The FMLA states that up to 12 weeks of leave can be taken by eligible employees for medical and family reasons while their job is protected. This includes the birth and care of a newborn child. Roughly 90% of civilian workers in the U.S. have access to unpaid family leave.To be eligible, you must have worked for your employer for a minimum of 12 months, have accumulated 1,250 hours of service, and work at a location where the company employs at least 50 people within a 75-mile radius.
• California Family Rights Act: The CFRA offers protections similar to those of the FMLA but may provide additional benefits. For instance, the CFRA allows both parents to take leave to bond with a new child, whereas the FMLA provides this benefit to only one parent if they are both employed at the same place, or they can split the leave. It’s essential to understand the nuances between these laws to maximize your leave benefits.Importantly, the CFRA applies to California employers with just five or more employees, making it more inclusive than the FMLA. In addition to bonding leave, the CFRA can be used for prenatal care and serious pregnancy-related conditions if they qualify as a “serious health condition” under the law.Unlike the FMLA, the CFRA does not require the employee to work within a 75-mile radius of other employees, which can broaden eligibility for remote or smaller worksites.
• Pregnancy Disability Leave: In California, if you are disabled due to childbirth, pregnancy, or related medical conditions, you are entitled to up to four months of job-protected leave. This leave can be taken before or after childbirth, depending on your health and medical advice, and can also run concurrently with CFRA if the employee meets the qualifications.

Steps to Take If Your Maternity Leave is Denied

If your maternity leave is denied as a pregnant employee in Los Angeles, there are several steps you can take to help ensure you receive the rights you deserve.

1. Review Your Employer’s Leave Policies: Familiarize yourself with your employer’s specific leave policies, as they may offer benefits beyond the legal minimums. Ensure that you meet all eligibility criteria outlined in these policies.
2. Communicate With Your Employer: Engage in a discussion with your human resources department or supervisor to understand the reason for the denial. There may be misunderstandings or administrative errors that can be resolved.
3. Document All Communications: Keep detailed records of all interactions regarding your leave request, including emails, letters, and notes from meetings. This documentation will be vital if further action is necessary.
4. Seek Legal Counsel: If your leave request continues to be denied without valid justification, consult with an attorney with knowledge of employment law. They can assess your situation, advise you on your rights, and represent you in any legal proceedings if necessary.
5. File a Complaint With the California Civil Rights Department, formerly the DFEH: The CRD enforces state laws prohibiting discrimination, including issues related to maternity leave.You can file a complaint online, and the department will investigate the matter. For example, there was a case against Verizon Services Corp. where a $6 million settlement was secured for employees whose family medical leave requests were unjustly denied.The CRD enforces both the Pregnancy Disability Leave law and the CFRA, which means it can intervene when employers fail to provide legally required maternity or bonding leave.
6. Consider Legal Action: If administrative remedies do not resolve the issue, you may need to pursue legal action against your employer. This step should be taken under the guidance of your attorney, who can help you navigate the complexities of employment law.

FAQs

Q: What Should You Do If You Are Denied Maternity Leave?

A: If you’re denied maternity leave, first review your employer’s policies and relevant labor laws to understand your rights. Consult your HR department for clarification, and provide any necessary documentation, such as a doctor’s note. If the issue persists, consider seeking legal advice or contacting a labor union if applicable. An experienced lawyer can help you navigate through this situation.

Q: Can I Be Denied Maternity Leave in California?

A: In California, you generally cannot be denied maternity leave if you meet the eligibility requirements for the California Family Rights Act or the Family and Medical Leave Act.

These laws protect employees from discrimination and provide a certain number of weeks of unpaid leave for childbirth or bonding with a newborn. However, the leave is based upon meeting certain criteria, such as length of employment and hours worked, and may vary depending on company policies.

Q: Can I Still Take Maternity Leave If I Don’t Qualify for FMLA?

A: Yes, you can still take maternity leave even if you don’t qualify for FMLA. While FMLA provides job protection for eligible employees, it’s not the only option. Some states have their own family leave laws, and your employer may offer maternity leave benefits outside of FMLA. Additionally, you could use vacation days, sick leave, or other paid time off if available. Be sure to check with your employer about specific policies.

Q: Can My Human Resource Department Deny Maternity Leave?

A: In most cases, your Human Resources department cannot deny maternity leave if you meet the legal requirements set by the country’s labor laws. In the U.S., under the Family and Medical Leave Act, eligible employees are entitled to take maternity leave. However, if you do not meet the eligibility criteria or your employer is not legally required to provide it, there may be exceptions. Always check your company policies and local labor laws for clarity.

Contact Our Firm Today

Being denied maternity leave in Los Angeles can be a challenging experience, but it’s essential to know your rights and the steps to address such denials. California’s strict legal framework offers protections that often exceed federal standards, ensuring that expecting mothers can take necessary leave without fear of losing their employment. If your rights are denied, it is vital to take the necessary steps.

Shirazi Law Firm, PC, understands how stressful these situations can be. If you need an employment lawyer who has experience dealing with cases like these, it is time to contact us. Let us help you receive the rights you deserve. Connect with us today.