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1/03/06



  

Employee Transfers During And After Pregnancy

Employee transfers to alternate positions during and after pregnancy can be good or bad, legal or unlawful, depending on your circumstances.

Employers in California have a duty to reasonably accommodate women for pregnancy related disabilities.  In some circumstances, this may necessitate a temporary transfer to a position where your pregnancy related disability can be accommodated. 

Federal law also allows temporary transfers when an employer is providing reduced schedule or intermittent leave for an employee.  State law does not provide for temporary transfers when reduced or intermittent leave is taken for childcare rather than for the medical condition of the employee or a family member. 

The most important thing to remember about a lawful transfer to an alternate position is that it must be TEMPORARY.  In addition, employees who are transferred to alternate positions must receive equivalent pay and benefits to their regular position even if the normal pay in the temporary position is lower or the duties are different. 

Even when a transfer may be allowable, an employer may not transfer a woman to an alternate position in retaliation for requesting leave or to discourage a woman from taking intermittent or reduced schedule leave.  Any transfer must be due to the employer’s legitimate need to accommodate a particular leave schedule. 

To learn more about your rights at work during and after pregnancy, visit www.pregnancylawyer.com or call Attorney Sarah B. Schlehr directly at (310) 492-5757.

This Belly Scoop has been sponsored by Ms. Pregnancy Lawyer, Sarah B. Schlehr!

     


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