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View Full Version : Can I change a job when carrying a baby 14 weeks old In California


firstbaby
02-06-2008, 11:56 AM
Hi all

I have been pregnant since 14 weeks and my due date is in the last week of July. I have been working in CA since two months and I am holding H1B visa. I got new job offer from the other company in CA and I would like to grab this better opportunity. The new company has 100 + employees.
My questions
1. Do I need to tell new employer about my pregnancy before I accept the job offer?
2. Untill July I will completing hardly 5 months with the company and will I be eligible for Maternity leave in the month of July? Minium 6 weeks and maximum 8 weeks?
3. What other factors do I need to clarify with the company before I accept the offer?
Please guide me.

HR/DisMgr
02-06-2008, 12:49 PM
You will be eligible for Pregnancy Disability Leave (PDL). This provides up to 4 months of unpaid, job protected leave due to your own medical inability to work due to pregnancy. PDL does not allow bonding leave.

You will not be covered by FMLA or CFRA until you work for the company one year and work 1250 hours in the proceeding year. Once you do qualify for FMLA/CFRA, you can take bonding time as long as it is before your child's first birthday.

You can file for State Disability Insurance when you are off work due to your pregnancy disability.

No, you don't need to tell the company you are pregnant. That being said, I would. Not telling them can create a difficult working atmosphere. However, others disagree with me. Your call.

firstbaby
02-06-2008, 01:00 PM
Thanks Karen.
Is there any possibility that employer can laid me off during my pregnancy leave? If this happens I will loose my visa status of H1B.
I am concern about that also.

HR/DisMgr
02-06-2008, 01:19 PM
They can, but they would have to prove that the layoff was not due to the pregnancy. For example, if they laid off your entire department or shut down a division, it would difficult to prove pregnancy discrimination. However, if you were the only one laid off, it would be difficult on them.

I find that the larger CA companies are quite employee "friendly" as we navigate the murky waters of FMLA/CFRA/PDL etc...

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