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Work Labor Law For Maternity Leave In Fulton
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Multi-State
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Fulton
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US-002HB
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FAQ
In the United States, an employer cannot refuse parental or maternity leave if the employee is eligible under the Family and Medical Leave Act (FMLA). Here are some key points regarding parental and maternity leave:
Once you tell your boss and colleagues that you're pregnant, set up a meeting with your HR rep. You need to give at least 30 days' notice for FMLA, but it's best to know as far in advance as possible what your options are. This is also a good time to talk to co-workers who also went on leave from your company.
If internal resolution efforts are unsuccessful, the next step is to file an administrative claim with the California Department of Fair Employment & Housing (DFEH). The DFEH is responsible for enforcing state laws that protect employees from discrimination, including violations of maternity leave rights.
These are generally covered as Family Medical Leave (``FMLA'') and maternity is a defined purpose. So no, an employer cannot decline that if properly applied for. Approval isn't in the employer's hands in the case of an FMLA request.
If you choose not to work because you are pregnant, you cannot receive unemployment compensation. However, if your company fires you because of your pregnancy (and you are “able and available” for work), you can receive unemployment compensation.
Your employer should provide you with a written explanation for the denial. If you believe that your employer has improperly denied your request for FMLA leave, you may want to consider filing a complaint with the California Labor Commissioner's Office or the U.S. Department of Labor's Wage and Hour Division.
If you choose not to work because you are pregnant, you cannot receive unemployment compensation.
If you choose not to work because you are pregnant, you cannot receive unemployment compensation. However, if your company fires you because of your pregnancy (and you are “able and available” for work), you can receive unemployment compensation.