Employee Rights

You have the right to not be discriminated against or harassed because of your physical disability, mental disability, medical condition, or pregnancy.  When an employee's disability, medical condition, or pregnancy is a substantial reason for an employer's decision to terminate employment, that's illegal discrimination.

Under California law, a "disability" is any physical or mental condition that makes it difficult for you to do any "major life activity," such as working, walking, talking, reading, or sleeping.  "Disability" includes medical conditions that are temporarily disabling, such as pregnancy or broken bones.  "Disability" includes both physical and mental conditions, such as Major Depressive Disorder, Anxiety Disorder, Bipolar Disorder, OCD, etc.

Employers are required to provide "reasonable accommodations" to employees with disabilities.  Time off work, such as a leave of absence, is a common reasonable accommodation.  Employers must also give employees with disabilities preferential consideration for vacant positions if they're unable to perform the essential duties of their current position.

Employers with at least 50 employees within 75 miles must give employees up to 12 weeks of leave when they're unable to work due to a serious health condition, or to care for a family member with a serious health condition.  Employers are prohibited from interfering with employees' FMLA/CFRA rights or retaliating against employees for requesting or taking FMLA/CFRA leave.

California law requires employers with at least 5 employees to give employees up to four months of leave when they are unable to work due to pregnancy, childbirth, or related medical conditions (e.g. postpartum depression).  Employers are prohibited from interfering with employees' PDL rights or retaliating against employees for requesting or taking PDL.

Employers with at least 20 employees within 75 miles must give employees up to 12 weeks of parental leave (i.e. maternity or paternity leave) within one year of a child's birth, adoption, or foster care placement.  Employers are prohibited from interfering with employees' parental leave rights or retaliating against employees for requesting or taking parental leave.