Do I Get More Time Off Work in California If I Have a C-section?

a pregnant worker

Unfortunately, a mother’s pregnancy isn’t always smooth sailing. It isn’t uncommon for soon-to-be mothers to have complications during their pregnancy – such as a c-section surgery. If your doctor believes that you might have a difficult pregnancy, you will want to prearrange your maternity leave with your employer. Our California pregnancy discrimination attorneys explain if you should receive additional time off during maternity leave if you are expecting a c-section.

Maternity Leave & Difficult Pregnancy

How much time you get off during your pregnancy will depend on a wide variety of things. In California, there are various employment laws that give employees the right to take time off work for pregnancy and parental leave. The California Family Rights Act (CFRA) and California’s pregnancy disability leave law allow you to take time off for your pregnancy; however, it doesn’t require your employer to pay you for this time off.

If you will need to get a c-section during childbirth and your doctor recommends time to recover, the California pregnancy disability law does require employers with five or more employees to give their workers time off while they are temporarily disabled due to their pregnancy. The law allows employees to take up to four months off. The length of your time off will depend on how complicated your pregnancy and childbirth will be according to your doctor.

Both the FMLA and CFRA require employers with 50 or more employees to take up to 12 weeks off after childbirth. California workers can take up to seven months of combined parental and pregnancy leave, depending on the circumstances and pregnancy challenges.

My Employer Denied My Pregnancy Leave

If you’ve communicated with your employer about your projected pregnancy difficulties and provided them with medical records, but they still denied your leave, you might be experiencing pregnancy discrimination. If you believe you are experiencing pregnancy discrimination, you can file a claim against your employer to seek the compensation you deserve. Our team at Polaris Law Group can analyze your situation and help you understand your options.

Contact our team today at (888) 796-4010 to schedule a consultation!

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