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Patrick, Esq.
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Category: California Employment Law
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Employer is making me work overtime during the week and also

Resolved Question:

Employer is making me work overtime during the week and also mandatory on Saturdays. Can they do that to a mother with an infant 7 month old? Do I have any right to work less hours because I need to take care of my infant in the state of CA?
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 4 years ago.
Hello and thank you for entrusting me to answer your question. I am very sorry to hear that your employer is giving you such a difficult time, especialy after you have just had a child.

Generally speaking, there is no limit to the number of hours an employer can force an employee to work, provided the employer complies with the laws governing minimum wage and ovetime.

However, there is a limited exception under the California Family Rights Act for mothers who have recently given birth. Specifically, the CFRA provides up to 12 weeks of unpaid but protected job leave for "baby bonding." The leave can be taken at any time during the 12 months following pregnancy.

In order to be eligible for CFRA baby bonding leave, the employee must have completed one year of employment and worked at least 1,250 hours during the last 12 months of employment.

It is also important to note that while the CFRA permits an employee to take time off to bond with their child, it unfortunately does not permit the employee to demand a reduced work schedule.

So to summarize, while an employer may normally require an employee to work any number of work hours, an employee who recently gave birth and satisfies the eligibility requirements for CFRA baby bonding leave may take up to 12 weeks of unpaid, protected job leave during the 12 months following birth of their child. Unfortunately, neither the CFRA nor any other law require an employer to provide a reduce work schedule to mothers who have recently given birth.

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

My absolute greatest concern is that you are satisfied with the answer I provide, so please do not hesitate to contact me with follow-up questions. Also, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.
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