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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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Hi, Please tell me where I can get information regarding California

Resolved Question:

Hi, Please tell me where I can get information regarding California law on employees who are pregnant and have a high absentee rate. Is there a difference in disaplining these employees.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Hello and welcome,

Do you know the reason for the absences?

Do you have 15 or more employees? Fifty or more?

Customer: replied 5 years ago.
Hi, we are 48/49 employees. January we will be over 50. I do not know the reason for her absences. I will be sitting down with her today. Do I treat it like a disability if it is medical? Can I ask her for medical clarification or support of her absences?
Expert:  Tina replied 5 years ago.
Thank you for the additional information.

Yes, you should treat this employee the same as other employees who have a disability typically, so that you do not discriminate against her because of her pregnancy.

You are permitted to require documentation for her absences if that is your policy for other employees. The law does not require that you treat the employee better than other employees, including those who have a disability, but you cannot treat her less favorably typically.

If she is unable to carry her workload due to absences and does not request a reasonable accommodation under the ADA that you could provide, then you may require that she take leave according to your policies.

The state PDLL (Pregnancy Disability Leave Law) typically requires that you provide the employee with up to 4 months of pregnancy leave if they are unable to work.

Here is a link that provides more information:

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