Returning to work after pregnancy leave can feel stressful. Learning that your position is gone or that your employer does not want you back can raise concerns about your income and job security. In California, pregnancy disability leave generally includes the right to return to the same position, although limited exceptions apply.
What happens when you return from pregnancy disability leave?
California’s Pregnancy Disability Leave (PDL) law covers employers with five or more employees. After PDL, your employer generally must return you to the same job you held before your time away from work. You can also ask for a written guarantee of reinstatement when arranging your leave.
If you meet California Family Rights Act (CFRA) eligibility requirements, you may also take up to 12 weeks of job-protected leave to bond with your child after PDL ends. CFRA generally requires at least 12 months with your employer and 1,250 hours worked during the previous 12 months.
An exception may apply if your employer can prove that, for legitimate business reasons unrelated to your leave, you would not have remained in that job even if you had continued working. In that situation, your employer generally must offer a comparable position if one is available. A legitimate layoff unrelated to your pregnancy or protected time off, for example, may affect your reinstatement rights.
What can help if your employer refuses your return?
If your employer says your position is unavailable, keeping records can help clarify what happened. Useful documents may include:
- Your written reinstatement guarantee
- Emails about your leave and return date
- Notices about layoffs or staffing changes
- Messages explaining why your position is unavailable
If your return is denied, the explanation your employer gives can help clarify whether the decision was unrelated to your leave.
Keep the filing deadline in mind
The date your employer refuses to return you to work can affect how long you have to respond. In California, you generally have three years from the suspected discrimination to file an employment discrimination complaint with the Civil Rights Department. Legal guidance can help you determine whether that deadline applies to your situation and what steps may be available.