Is it legal for my boss to fire me or demote me after returning from maternity leave?

No. Retaliation against an employee for taking parental leave is an illegal violation of the Pregnancy Discrimination Act and the Family and Medical Leave Act (FMLA) in certain cases. The employee must be reinstated to their former position or one that is equivalent upon return from maternity leave.

Other Pregnancy Discrimination FAQs:

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My parents were heavily involved in community organizing. Seeing neighbors and friends’ parents struggle in the workplace gave me a sense of purpose that I wanted to help others. Many employees feel helpless and powerless in the workplace, and helping them vindicate their rights is the right thing to do.

- Jason Erlich

Client testimonials

Jason took the time to explain and guide me through the challenging process, and went the extra steps in consistently providing guidance and putting my concerns and questions high on their list.

Jeff V., Oakland

Jason Erlich made me feel like I was in the right place right away.I had some serious problems with a previous employer and he took care of everything. From the start he helped with my concerns and fears going up against a big corporation.

Susan W., Pacifica

With Jason’s expertise, commitment and aggressiveness, the case is now over and it’s only been 6 months!! I would HIGHLY recommend Jason Erlich to anyone that needs an employment lawyer.

Carla, Petaluma

I can highly recommend Jason Erlich Esq. for any employment law matter. He is an outstanding lawyer, embodies a mix of honesty, knowledge, client care and tough mindset.

Roger J., Oakland

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When employees' legal rights are violated, we take time to explain their legal options, listen to their goals, and aggressively argue their case until we achieve the resolution they deserve.