HI,

I am woking for an employer in CA from the last 6 months.

I am 5 months pregnant right now and my doctor suggested me to be on bed rest through out my pregnancy as my cervix is short and she put me on disability.

I have taken unpaid leaves from 23th March (my doctor provided a note to my employer stating that i need to be on besd rest, until they do further examination.).

They terminated my employment.

My question

1. Do they have rights to teminate my offer just because I am pregnant and on Disability leaves.
2. Am i not eligible for 4 month of pregnancy disability leaves since i have not completed 12 month of employment.

Note : I am not eligibile for FMLA or CFRA as i have not completed 12 months of employement with them.Also i have taken a leave for only 5 weeks till date.

So can a employment be terminated while on Pregnancy disability leaves.

Thanks

Shalini

No, not legal. You wouldn't be covered under CFRA/FMLA leave, but you have job protection for up to 4 months under pregnancy disability leave:

Pregnancy Disability Leave
An employer must provide up to four months disability leave for a woman who is disabled due to pregnancy, childbirth, or a related medical condition. However, if an employer provides more than four months of leave for other types of temporary disabilities, the same leave must be made available to women who are disabled due to pregnancy, childbirth, or a related medical condition.

Eligibility for pregnancy leave
A woman who works for a covered employer is eligible for pregnancy disability leave regardless of the length of time she has worked for the employer. Further, an employee does not have to work full-time in order to be eligible.

http://www.dfeh.ca.gov/publications/publications.aspx?showPub=17