A Baby and Its Repercussions

Pregnancy has always been given importance, particularly when the one bearing a child is an employee. Such delicate is the period of nursing a child, that even our laws provide ample protection to the mother. The Fair Employment and Housing Act of California provides, in a detailed fashion the protection afforded to an employee for disability accustomed as a result of pregnancy, even childbirth, and other related medical conditions. As a consequence thereof, they may be transferred to duties that would require less effort and less strain, all these protection if it would be medically advisable.

Discrimination on account of pregnancy is manifested in multiple forms. Labor laws enshrined in California provide a mandatory pregnancy leave to be given by employers to erring employees. The paid-leave afforded to the pregnant employee would consist four months, equating to 88 complete workdays for a full-time employee per pregnancy. The important innovation about it is that it can be taken on an as-needed basis, not necessarily in one continuous period of time. This could cover all that is necessary for parental care, severe and often times recurring morning sickness, compulsory doctor-ordered bed rest, chid rearing, and the much needed recovery from childbirth. Consequently therefore, if these rights are not in any way afforded to a disabled employee then discrimination on account of pregnancy sets in.

The utilization of pregnancy disability leave under the whims and caprices of the employer that is when an employer compels a woman to go on leave at a predetermined period without any regard to whether a disability is forthcoming is another form of discrimination on account of pregnancy. The pregnancy disability leave is afforded to the pregnant employee for her advantage and not for the benefit of the employer. Hence, it must not be utilized by the employer as a scheme to lessen their expenses.

In the advent the employee utilizes her PDL, the employer is obligated to preserve his or her employee’s position in the same vein that other positions are kept open for employee’s who are out on leave. Hence, once the pregnancy leave has expired, the employee must be reinstated to her original office. Remedies which are available to one who experienced discrimination on account of her pregnancy includes, back pay, reinstatement or front pay, injunctive relief, reasonable attorneys fees and court litigation costs, this also covers compensatory damages for suffering and pain, and punitive damages.

John Luke Matthews is a regular contributor of relevant articles about the jurisprudence of businesses. He is part of the Mesriani Law Group and is currently taking information technology studies as well.

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