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Marsha411JD, Attorney
Category: California Employment Law
Satisfied Customers: 19686
Experience:  Licensed Atty, 29 yrs exp in the practice of law.
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I have been working with a large US company for four years

Customer Question

I have been working with a large US company for four years now. In my company, I am in the middle of a transition from one group/ department to another. I am changing the role from a traveling job to a non-traveling job because I am 4 months pregnant. I have mentioned to the current group that I am pregnant but the new group does not know yet.1. The new group was looking at this position as a short term position. I mentioned I am only going to take a long term position and they agreed.2. Do I have necessarily have to inform the new group about my pregnancy. On one hand I think it would help since the work hours may be stressful and this way I am setting the expectations with them and also don't want them to think I tricked them into hiring me. On the other hand, this may be an excuse for them to not bring me in into the group, or go back to the short term position - and I think I should not be negatively impacted because of my pregnancy.
3. Also, I am planning to take my company-provided 12 weeks leave for pregnancy at the end of the year. I wanted to understand that when I am back from pregnancy next year, do I have the right to come back in the same position in this new group, or can they change the role/ compensation/ or not bring me back in the same position. In that case, I would be dissociated from my current group and this new group as well and will not have a group to align with.Please let me know for any clarifications. Thanks.
Submitted: 3 months ago.
Category: California Employment Law
Expert:  Marsha411JD replied 3 months ago.


Thank you for the information. Although I don't see a question with each one of your numbered subparagraphs, I will address anything I see in them that might raise an issue. If you have some follow up questions after you receive my response, please feel free to ask them.

1. Although this is a statement on your part, I want to point out that unless there is a written term contract that locks in your hours, duties, etc, an employer is always free to change them. So, even though you have indicated that you will only take a long term position, that isn't binding on the employer no matter what they say now.

2. You have no legal duty to make your employer aware of your pregnancy. Obviously treating you more adversely simply because you are pregnant would be unlawful. However, keep in mind that on the flip side, unless you have a doctor certify that you are not healthy enough to work the hours you are asked to work, you are not entitled to any special treatment because of your pregnancy by way of reduced hours or duties.

3. If you are eligible for FMLA, then your employer must reinstate you to your previous job or one that is "nearly identical." You can see more information on this issue by going to the following link:

The only exception would be that your employer could make a change in your job if they would have whether you were on family leave or not. In other words, if the employer is reorganizing or the job ended, then they would not have to reinstate. Likewise, an employer may terminate for "cause" that occurred prior to leave.

Please let me know if you need any clarification. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 2 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 27th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at:

Thank you.

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