Can my boss fire me when i go on maternity leave.

Congratulations on your pregnancy! Pregnancy discrimination is unlawful under California and federal law. FEDERAL RIGHTS: In 1978, Congress amended the Civil Rights Act of 1964, Title VII 42 U.S.C. §§ 2000e to 2000e–17, by passing the Pregnancy Discrimination Act. Under the Pregnancy Discrimination Act, "discrimination" means to treat a pregnant employee differently from non-pregnant employees, and adversely. The employee must be able to make a connection between the discriminatory treatment and the protected status (being pregnant). In other words, the employee will have to show that her pregnancy is reason the employer is treating her adversely. There are various ways to do this. Negative comments from supervisors or management; a sudden change in treatment (for the worse) as soon as or shortly after the employer learns about the pregnancy or the effects of pregnancy; or other incriminating conduct. For information on pregnancy discrimination, see: http://eeoc.gov/laws/types/pregnancy.cfm For information on the Pregnancy Discrimination Act, see: http://eeoc.gov/laws/statutes/pregnancy.cfm This law is enforced by the Equal Employment Opportunity Commission (EEOC). www.EEOC.gov Under federal law, leave taken for an employee's incapacity due to pregnancy, childbirth or related medical conditions is governed by the Family and Medical Leave Act, 29 U.S.C. section 2101 et seq. (FMLA), just like leave for any other “serious health condition” of an employee. See my guide to the FMLA for more information: http://www.attorneyqna.com/pages/show?category_id=6&permalink=family-and-medical-leave-fmla-summary-of-key-provisions. CALIFORNIA RIGHTS: California employers must comply with federal law, as above, and also must comply with state law. The California pregnancy disability leave law, Government Code section 12945(a) (PDLL), is part of the California Fair Employment and Housing Act, California Government Code sections 12900, et seq. (FEHA). The PDLL requires employers to provide employees up to four months of unpaid leave for disability caused by pregnancy, childbirth or a related medical conditions. Under some circumstances, an employer may be required to transfer an employee affected by pregnancy, childbirth or related medical conditions to a different job. California has its own family and medical leave law, the California Family Rights Act, Government Code section 12945.2 (CFRA). It is substantially similar to the FMLA, but an employee's incapacity due to pregnancy, childbirth or related medical condition is not included in the definition of “serious health condition.” This is usually beneficial to the employee because CFRA leave and pregnancy disability leave are two separate and distinct rights under California law. They do NOT run concurrently, as they do under the FMLA. Instead, an employee in California may take four months of PDLL plus 12 weeks of family leave, provided of course that the employee meets the other conditions of these laws. Employment law is complicated and fact specific. You may wish to speak with an experienced plaintiffs employment attorney. To find a plaintiffs employment attorney in California, please go to the web site of the California Employment Lawyers Association (CELA). CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is www.cela.org, and you can search for attorneys by location and practice area.

Discrimination based on pregnancy is illegal. Both federal and California state law prohibit discrimination on the basis of pregnancy, childbirth, or related medical conditions. The federal Family and Medical Leave Act ("FMLA") applies to all employers with 15 or more employees. California's California Family Rights Act ("CFRA") applies to all employers with 5 or more employees. To be eligible for leave under FMLA or CFRA, you must meet all of the following requirements: have worked for your employer for at least 12 months; have worked at least 1,250 hours during the 12 months before the leave (which is approximately 25 hours per week); and have worked for an employer with at least 50 employees within a 75-mile radius of your worksite. California's Fair Employment and Housing Act ("FEHA") prohibits employers from discriminating against any employee for becoming pregnant or requesting leave associated with pregnancy. If your employer has had 5 or more full time employees over the prior year, FEHA's protections apply. California's Pregnancy Disability Leave Law ("PDLL") requires employers to provide up to four months of leave for employees actually "disabled" by pregnancy or pregnancy-related conditions. The PDLL provides pregnancy leave even when your employer's policies do not grant leave for other short-term disabilities. If you think you have experienced pregnancy discrimination, you will need to file a formal charge of pregnancy discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) and the California Department of Fair Employment and Housing (DFEH). Consult with an employment attorney in your area, since employment cases are fact dependent.

He cannot discriminate against you for taking your pregnancy rights. If he does so you can sue him.