Employee Who Exhausted Four Months Of Pregnancy Leave Was Entitled To Further Disability Leave

Sanchez v. Swissport, Inc., 2013 WL 635266 (Cal. Ct. App. 2013)

In a case of first impression, the California Court of Appeal determined in this case whether an employee who has exhausted all permissible leave (four months) under the California Pregnancy Disability Leave Law (“PDLL”) may state a claim for failure to accommodate a disability under the California Fair Employment and Housing Act (“FEHA”). The Court answered the question in the affirmative, holding that Ana G. Fuentes Sanchez could proceed with her FEHA disability claim despite the fact that her employer had provided her more than 19 weeks of leave associated with her pregnancy. The Court reasoned that the four months of leave provided by the PDLL “augment, rather than supplant, [the leave remedies] set forth elsewhere in the FEHA.”

Topics:  FEHA, Maternity Leave, Pregnancy Disability Leave Law, Reasonable Accommodation

Published In: Civil Procedure Updates, Civil Rights Updates, Labor & Employment Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Proskauer - California Employment Law | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »