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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! |
