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New mom laid off a day after coming back from maternity leave - California

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  • New mom laid off a day after coming back from maternity leave - California

    Hi guys,

    I work/ed for an agency that places Creative/Marketing people in various companies as contractors. Recently I went back to work at the company I was assigned to last Wednesday and on Thursday at 5pm, my boss (at the client company, not the agency) informed me I was being let go. My last day was to be Monday - Feb 28. It was a business decision that they came to one week before I came back, they did a headcount, they're giving my project to a regular employee and that regular employee's projects will be going to a fellow contractor from the same agency, blah blah blah. AFAIK, I'm the only person who was let go.

    As a contractor do I not get the same rights listed under CFRA and am I basically SOL?

  • #2
    But you are an employee of the agency, not an independent contractor, correct?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Correct. I'm under the agency.

      Comment


      • #4
        OK, I'm not an expert on CFRA, I just wanted to get that information for the responders who are. Please continue to check back.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          There are 3 laws in play in Ca. that protect your job while on pregnancy leave.

          Pregnancy Disability Leave (PDL)--guarantees up to 4 mos job protected leave for *disability* caused by the pregnancy. Most pregnant CA employees are entitled to leave under PDL regardless of the length of employment or hours worked. Most employers with more than 5 employees are subject to PDL.

          Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA)--The company must have 50 or more employees in a 75 mile radius and it also requires you to be an employee of at least one year and work 1250 hours in the year immediately preceding your need for a leave. FMLA would run concurrent with PDL. After you are no longer disabled by your pregnancy, you can take up to 12 weeks of bonding leave under the CFRA.

          However, an employer can terminate you while on job protected leave or on your
          return if you would have been terminated had you not been on job protected leave.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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