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Home | Maternity & Pregnancy

Maternity & Pregnancy

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Featured resource: 4 major differences between FMLA and CFRA leave laws
June 2013
Most California employers know there are significant differences between the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA)--but what are the major differences, and why is it crucial that you're on top of them? . . . more
Online exclusive: Checklist for pregnancy-related medical certifications
CEA Online Exclusive May 2013
Under the amended California pregnancy regulations released last year, employers may require written medical certifications as a condition of granting reasonable accommodation, transfer, or pregnancy disability leave. . . . more
FEHA: Pregnant worker's discrimination claims allowed; 4 months of PDL don't satisfy duty to accommodate
May 2013
Last year's release of new state pregnancy regulations brought renewed attention to employers' obligations toward pregnant workers. Now a California Court of Appeals decision has zeroed in on the interplay between an employer's leave obligations under the state Fair Employment and Housing Act (FEHA) and the state Pregnancy Disability Leave Law (PDLL)--and employers with five or more employees should definitely take note. . . . more
Discrimination: California Supreme Court clarifies mixed motive defense; Ruling is mixed bag for employers
April 2013
The California Supreme Court has issued its long-awaited decision addressing the proper standard for determining employer liability for discrimination in so-called "mixed motive" cases--in which the employer had both unlawful and legitimate reasons for taking an adverse employment action. The unanimous ruling provides significant relief to employers in this situation, but it's not all good news. . . . more
Discrimination: Court reverses $1.3 million award in pregnancy case; Award requires more than bad business judgment
March 2013
Running a business is hard enough without worrying about jurors second-guessing your decisions. A California Court of Appeals ruling in a high-profile case provides a useful reminder--to employers and judges alike--that at least when it comes to employment discrimination cases, jurors can't punish you simply for making an error in business judgment. . . . more
Pregnancy: FEHC issues revised regulations; The impact on leave, benefits, and more
February 2013
The state Fair Employment and Housing Commission has released revised pregnancy regulations that could significantly affect California employers with five or more employees. The regulations, which took effect December 30, 2012, address a range of pregnancy-related issues. We'll tell you about some of the most important provisions. . . . more
Featured Resource: Sample Lactation Accommodation Policy
August 2010
In 2002, California became one of the first states to mandate lactation breaks for breastfeeding employees. Under Section 1030 of the state Labor Code, all employers must provide a reasonable amount of time to employees who wish to express breast milk for their infant children. . . . more
Bulletin: California Supreme Court to review mixed-motive bias case
July 2010
The April issue of CEA covered the California Court of Appeals' decision in Harris v. City of Santa Monica. The court ruled that if there is both a legally permissible reason and an . . . more
Pregnancy: Employer Paid Big Price for Acting on Outdated Stereotypes; Special Cautions for Traditionally 'Male' Occupations
November 2009
Even in today's modern times, it's not uncommon for employers—especially those in traditionally male-dominated industries—to have concerns about the safety of pregnant employees. Although this may be understandable, it's important to check preconceptions about the physical capabilities of pregnant women at the company door—or, as in one employer's case, at the dock. . . . more
Pregnancy: DFEH Finds Employer Did Everything Wrong; California Post-Leave and Lactation Rules
September 2009
Having a pregnancy leave policy that permits pregnant employees to take time off for childbirth is only the first step in complying with the law. As one employer recently learned, it's just as important to have . . . more
Terminations: Why Giving a 'Good Reason' for Firing May Not Be Enough; How to Keep an Eye on the Big Picture
July 2009
An employee takes pregnancy-related medical leave. While she's out, you discover that she falsified certain time sheets and billing records. On the day she's set to return from leave, you tell her she's being terminated . . . more
News Note: High Court Says Pension Plan Doesn't Have to Adjust
July 2009
The U.S. Supreme Court has ruled that AT&T, which had long been calculating pensions based on seniority minus uncredited leave taken, does not have to adjust for . . . more
Lactation Accommodation: Do You Know the State Rules?
September 2008
The California Division of Labor Standards Enforcement (DLSE) has slapped Santa Clara-based Inter-national Security Services, Inc., with a $4,000 fine for not providing a reasonable amount of break time and a private room for a nursing mother who needed to express breast milk for her child during the workday. . . . more
Family and Medical Leave: Landmark CFRA Ruling from State's High Court; Ability to Continue Working for a Second Employer Not Automatic Grounds for Leave Denial
June 2008
Imagine you approved a family and medical leave for an employee only to discover that during the time off she is still working part-time for another employer--even performing a similar job. You figure that if she can work for another employer, she obviously doesn't have a serious . . . more
Legislation Update: Bills on the Table in Sacramento Could Impact Family Leave, Wage and Hour, Background Checks, and More
June 2008
Entering the last few months of its 2007-2008 session, the California Legislature is considering a wide range of employment-related bills. The last day for legislation to be passed is August 31, and the last day for the governor to sign bills into law or veto them is September 30. Here's . . . more
Workplace Bias: EEOC Shines Spotlight on 'Family Responsibility Discrimination'; Four Prevention Tips
July 2007
Lawsuits alleging discrimination based on an employee's parental or caregiver status—what has become known as "family responsibility discrimination"—have skyrocketed by 400 percent over the past decade, according to a report by the Center for Worklife Law . . . more
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