Returning to Work After Maternity Leave – Know Your Rights

Returning to work post maternity leave involves a full array of challenges for mothers, but it also involves a number of legal protections. These are important. Employees, and their careers, without knowledge of these rights must often deal with employers who refuse to follow the law.

The Rights of Maternity Leave

The 1964 Civil Rights Act a measure of protection against discrimination in the workplace surrounding maternity leave. This law protects employees from discrimination based on a sex, race, disability, age, nationality, religion and more. Protection extends to nearly all forms of employment procedures, including benefits and leave.

Also at the federal level, it’s the Family and Medical Leave Act that most turn to for information on the rights of working mothers who decide to take maternity leave. According to the act women are allowed up to 12 weeks of unpaid leave for birth, delivery and postpartum recovery as well as birth-related medical conditions before they must return to work. Once they come back, employers must follow a number of rules and guidelines to ensure they are treated fairly.

It’s important to keep in mind the leave granted under the FMLA is not paid leave. Unpaid leave is generally the norm even among states, although some are beginning to change that in key areas. Also some companies are now voluntarily offering paid leave. There are these basic rights of pregnancy leave under the FMLA:

1. The right to return to the same or equivalent job
2. The right not to be discriminated against based on the fact that leave was taken or that you were pregnant.
3. The right to return to an altered schedule of intermittent or part-time work.

According to the EEOC, any women returning from maternity leave must be treated the same as other workers allowed leave for a temporary disability.

In addition, workers must be allowed to work as long as she can perform her job before she takes maternity leave. In other words, an employer may not force a worker to leave work because she is pregnant nor can it force her to take less pay or discriminate in other ways regarding her pregnancy or opportunity to take maternity leave.

Facing Pregnancy Leave Challenges and Pitfalls

Some mothers have no choice but to take just a short amount of pregnancy leave – sometimes much less than the amount they are allowed according to law. The lack of paid leave in the U.S. makes choices challenging for working mothers who cannot make ends meet and care for newborns full-time.

From a legal perspective, the biggest challenges arise when employers force working mothers to make decisions they are under no obligation to make or withhold options and opportunities from them simply because they are pregnant or choosing to exercise their rights to maternity leave. Watch for discriminatory tactics in key areas such as:

• Requesting short term disability benefits
• Requesting extensions of FMLA leave
• Requesting additional time off
• Withholding health insurance coverage

Within the context of insurance coverage, the FMLA requires employers to keep health insurance coverage going even during the up to 12 weeks an employee is on leave. Even if the employer opts to offer COBRA benefits instead, it’s still up to your company to ensure that health insurance remains free of discrimination at your job before, during and after leave time.

Each of these areas require fair and equal treatment from employers according to federal law. This means that employers must treat mothers returning to work from maternity leave the same way they treat other workers with similar requests. Any attempt to discriminate against returning mothers could make an employer potentially liable for employment discrimination.

Qualifying for FMLA Protections for Maternity Leave
The FMLA currently does not apply to every company. Only employers with 50 or more employees must abide by its rules. Also, workers need at least 1250 hours of work in the first 12 months of employment before FMLA protection can begin.

It is common for companies to require that employees use vacation time and sick days available to them before use of FMLA leave time will be granted. Check with your HR department for details on the exact policy at your company. Also, the FMLA can only apply to one person per couple at any one workplace, so if you and your spouse or partner are working together, be sure to keep this in mind.

However, even if your company falls outside the requirements of federal law, there may be state law that can help. Check with your state’s Department of Labor laws just to be sure.

States and Maternity Leave

Only three states, California, New Jersey and Rhode Island, currently offer paid leave under the FMLA, and many more states are set to add the provision to current leave laws. At the state level, employees can expect to find laws that are either similar to the federal laws or that are more expansive. Some offer coverage for companies with less than 50 workers or may offer more than the 12 weeks of leave offered at the federal level.

Getting the Help You Need with Maternity Leave

Getting the help you need to tackle the legal aspects of maternity leave issues can be as easy as contacting an experienced employment discrimination attorney in your area. The most important thing to remember is that your rights are under strong protection at both the federal and state level. No matter how complex your issue, these rights should never be ignored. If you’re faced with a workplace dilemma involving maternity leave, contact Cortney Shegerian right away.

Source: http://www.shegerianlaw.com/returning-to-work-after-maternity-leave-know-your-rights

Associate Attorney Employment

Cortney Shegerian is an associate attorney representing Shegerian & Associates, a law firm in Los Angeles, California. She attended and graduated from California State University in Fresno, California for her undergraduate degree in 2010, then graduated with her Juris Doctor degree from Whittier Law School in Costa Mesa, California in 2013. Working alongside her uncle, Carney, Shegerian & Associates is a law firm that works with employment discrimination. Cortney has quickly made a name for herself, being featured in online publications such as Bloomberg.

She was admitted to the State Bar of California, as well as the United States District Court for Central District of California. In addition, she is a member of the Consumer Attorneys Association of Los Angeles, the American Bar Association, and the Los Angeles Bar Association. We got in touch to ask Cortney Shegerian a few questions.

Q&A

• When did you join Shegerian & Associates?

Before finishing law school, I joined team in the marketing department, The primary goal was client outreach and acquisition. I always knew that I wanted to work with my Uncle, so it was a natural first step to do commit myself even before I had my law degree. I was ready and willing to do what it took to be a team player.

• What is it like working alongside a relative?

It’s a demanding, but rewarding experience. Those on the outside may think that due to my name, it is an easy ride. Far from it. If anything, my uncle goes out of his way to ensure that I work at least as hard as anyone else to avoid the misconception. It’s not nepotism, in fact, we are all family here. While we do get along with an air of family atmosphere, everyone here understands and likes to prove that when there is work to do, we work harder than any other firm.

• What makes you different than other lawyers?

My work gives me a sense of purpose, and that purpose is to ensure the full and complete satisfaction of each of my clients. First, I listen to their needs wholeheartedly. I then try to navigate them through the process to ensure that not only they are getting the best assistance possible, but that they understand and can contribute to the process. The better they and I understand each other, the better the results will be. It’s not just a job for me, it’s meaningful work. I come to the firm each and every day and ask, “What can I do today to best serve my clients and the surrounding community?”

• Do you have any advice for people seeking counsel?

Absolutely. There are two very important factors when considering hiring a law firm for representation. First, you need to stand up for yourself, your rights, and what is moral. In the workplace, often times clients allow themselves to not only be pushed over, but have their rights trampled on. That is unacceptable. Second, and just as important, is to ensure that the law firm's vision matches up to yours. Call and set an appointment for a consultation and feel it out. Make sure it is a good fit before moving further.

Source:http://community.martindale.com/legal-blogs/Legal_Marketing_33/b/legal_opinion/archive/2016/05/24/cortney-shegerian-associate-attorney-employment-disability-discrimination-and-sexual-harassment.aspx

Comments on Ex-Waffle House CEO Sexual Harassment Case

LOS ANGELES, Feb. 25, 2016 — Attorney Cortney Shegerian, of the Los Angeles-based employment discrimination firm Shegerian & Associates recently released comments on allegations of sexual harassment against ex-Waffle House CEO Jo Rogers, Jr. The lawsuit began in 2012 when Rogers’ housekeeper, Mye Brindle, filed a claim alleging she was forced to have sex as a condition of her employment. Rogers has since launched his own allegations against Brindle and Brindle’s attorneys.

“The relationship between a homeowner and a housekeeper is normally a very personal and private one, and handling sexual harassment when it arises in relationships of this kind can be an extremely delicate situation,” said Shegerian. “Even though the harassment occurs in a home, where privacy is tantamount, there is still that employer-employee relationship in place which means the homeowner must adhere to employment discrimination laws.”

“In fact, workers of all types including housekeepers and groundskeepers, are protected under a number of state anti-discrimination laws that cover sexual harassment in smaller workplace settings,” Cortney Shegerian went on to say. “While these workers may feel just as hesitant to bring forward allegations of sexual harassment as any other worker, it’s important that they know their rights and hold their employers accountable when those rights are violated.”

Located in Santa Monica, Shegerian & Associates is a law firm specializing in protecting the rights of employees who have been wronged by their employers. Richly experienced in labor and employment law and possessing an unparalleled success record as litigators, Shegerian & Associates is passionately dedicated to serving the needs of its clients. For more information about the firm, visit www.ShegerianLaw.com.

Located in Los Angeles County, Shegerian & Associates is a law firm specializing in employment law and personal injury litigation. Shegerian & Associates is dedicated to serving the needs of its clients, and has won over 73 jury trials, including over 31 seven and eight figure verdicts.

State Bar of California

Cortney Simone Shegerian - #296457

Current Status:  Active 

Profile Information :The following information is from the official records of The State Bar of California.

Bar Number:  296457                  

Address:   Shegerian & Associates 225 Santa Monica Blvd

Ste 700,Santa Monica, CA 90401

Phone Number:     (310) 860-0770

Fax Number:      (310) 860-0771

e-mail: Not Available

County:  Los Angeles

Undergraduate School:  California St Univ Fresno; Fresno CA

District:                 District 2                                

Sections:              Labor & Employment

Law School:        Whittier Coll SOL; CA

Status History:

Effective Date   Status Change

Present                Active

5/23/2014            Admitted to The State Bar of California

Explanation of member status

Actions Affecting Eligibility to Practice Law in California

Source: http://members.calbar.ca.gov/fal/Member/Detail/296457

A Quick Guide To Leaves As “Reasonable Accommodation”

The Equal Employment Opportunity Commission recently issued the “Employer-Provided Leave and the Americans with Disabilities Act” guidance to help employers know when leaves of absences are considered reasonable accommodations for disabled employees.

The EEOC advises employers to consider leaves of absences as reasonable accommodations that must be granted unless they impose undue hardship to the business. However, determining whether a leave of absence is a reasonable accommodation or an undue hardship can be difficult for employers. Luckily, the recently issued guidance offers more information on how employers can decide whether or not to grant the disabled worker’s request.

Approximate dates
When an employee gives an approximate date to return to work, the employer should look at each case individually to determine whether or not it is feasible for the employee to be gone without causing an undue hardship. If the date changes for some reason, maybe because the employee takes longer than expected to recover from a medical procedure, then the employer is allowed to reconsider.

Maximum leave
Most employers have maximum leave policies in place that dictate how long employees are allowed to be out of the office. The guidance makes it very clear that employers should consider granting extensions to this maximum leave policy when a disabled individual requests it to accommodate his disability.

Communications
The EEOC permits employers to contact employees during their leave as long as they are checking on their progress and discussing whether or not their projected return to work date has changed.

Medical documentation
In some circumstances, employers are allowed to ask for medical documentation before granting requests. For example, if an employee was given a leave of absence of one month, but then asks for an additional two weeks, the employer is permitted to ask for documentation showing why the extra time is needed. But, if the employee is asking for a leave of absence with a fixed return date, he should not be asked to provide medical updates.

The guidance from the EEOC says:
An employer may obtain information from the employee’s health care provider (with the employee’s permission) to confirm or to elaborate on information that the employee has provided. Employers may also ask the health care provider to respond to questions designed to enable the employer to understand the need for leave, the amount and type of leave required, and whether reasonable accommodations other than (or in addition to) leave may be effective for the employee (perhaps resulting in the need for less leave).

Additional leave

Before deciding whether or not a leave of absence imposes an undue hardship, employers are allowed to consider what other leaves the employee has taken in the recent past. For example, if an employee has already used FMLA leave and all of their allotted sick days, but is now requesting an additional one month leave of absence, the employer may take all of this time into consideration when determining whether or not the employee’s absence is an undue hardship. If the employer’s other absences have stretched the company’s resources too thin, then perhaps this additional leave will impose an undue hardship and should not be approved.





Unpaid leave
If an employer does make the decision to grant a leave of absence, they do not need to pay the disabled employee during this time unless they have a paid leave policy that applies to all employees.

Indefinite leave
When a disabled employee cannot give an approximate date of return to their employer, the employer is under no obligation to grant their leave of absence.

Alternate positions
When an employer allows an employee to take a leave of absence, they must hold the position open until the expected return to work date. However, sometimes employers discover the employee’s role needs to be filled sooner than expected in order to keep the company running. In these situations, the employer can fill the disabled employee’s job as long as there is an alternate job ready and waiting for them upon their return.

This guide should provide more clarity to employers who are still questioning whether or not to allow disabled employees to take extended leaves of absence.

About the Author :

Cortney Shegerian is an attorney with Los Angeles based Shegerian & Associates. Shegerian’s practice areas of expertise include discrimination, harassment, whistle blower retaliation and wrongful termination, among others.  Her work includes all aspects of case management, with a particular emphasis on mediation, trial preparation and jury trial litigation.

Source: https://www.eremedia.com/tlnt/a-quick-guide-to-leaves-as-reasonable-accommodation

Are Anti-Harassment Efforts Falling Short” Yes, Says EEOC

Folks, loyal readers, here is a guest post blog from an esteemed, experienced trial lawyer in Los Angeles. Cortney Shegerian practices employment law in Los Angeles, California at her firm, Shegerian and Associates. She has mediated over 100 cases. Let’s hear what she has to say:

Sexual and non-sexual harassment is currently the number one reason why employees file complaints against their employers with the EEOC, and a new report may have discovered why these complaints are filed so frequently.

The Equal Employment Opportunity Commission recently released a report that showed anti-harassment strategies in the workplace are not as effective as they should be. The report showed that training efforts, which have been in place for over 30 years, are not effective in actually preventing harassment since they focus more on avoiding legal liability than stopping the behavior.

Harassment can happen to anyone, but the EEOC did identify a number of factors that could put employees more at risk of being a victim to harassment. These risk factors include:

• Lack of diversity in the workplace

• Workers who do not conform to workplace norms

• Cultural or language barriers

• External events that could impact employees’ prejudice (for example, terrorist attacks could cause some people to harass Middle Eastern employees)

• A workplace full of young workers

• Workplaces with significant power disparities

• Employees who receive tips or work in customer service

• Employees who do low-intensity tasks

• Isolated workspaces

• A culture that encourages alcohol consumption

The report also found that simply having a harassment policy in place is not enough to prevent it from occurring. In fact, many employees do not file complaints because they fear retaliation from their employers. According to the report, three out of four employees who are harassed because of their sex, race, religion or disability do not report it because they fear they will be blamed, called a liar or punished.

How can employers put an end to harassment? It is the employer’s responsibility to create an open and honest culture within the workplace where employees are encouraged to do the right thing and speak up when they are being harassed. Company culture is built at the top and makes its away down through the organization. Senior level executives and upper level management need to be responsible for setting the tone in the workplace.

To stop harassment, the EEOC also suggests a complete revamp of training procedures to include courses on bystander intervention and the basics of workplace civility. The latter will not focus on the specifics of harassment, but rather on how to respect one another in the workplace. Bystander intervention courses teach employees the importance of reporting inappropriate behavior and supporting their peers. It has been used on college campuses and proven to be successful, according to Chai R. Feldblum, Commissioner of the EEOC.

Finally, the EEOC has a number of resources available to employers, including a toolkit of compliance assistance measures for employers. The agency also plans on launching a campaign called “It’s On Us” to target harassment in the workplace. This campaign will be similar to the one that they launched to raise awareness about sexual assault on college campuses.

For more information about employment law in California, see http://www.shegerianlaw.com.

Source: http://www.sanantonioemploymentlawblog.com/2016/07/articles/discrimination/guest-post-are-anti-harassment-efforts-falling-short-yes-says-eeoc/

Cortney Simone Shegerian

Cortney Shegerian is an associate attorney with Shegerian and Associates. Her work includes all aspects of case management, with a particular emphasis on mediation, trial preparation and law and motion. Cortney Shegerian has drafted and argued in court numerous substantive motions, including Motions for Summary Judgment, Demurrers, Post-Trial Motions and Motions to Compel.

Cortney Shegerian places special emphasis on actively listening to clients and giving them an understanding of the legal process. Her goal is to enable all the firm’s clients to have the understanding and tools they need to assist the firm in vindicating their rights.

Cortney Shegerian – California Employment Attorney

Cortney Shegerian is an attorney at Shegerian & associates in Los Angeles County California. She has expertise in all aspects of legal management, with a particular prominence on law and motion, trial preparation and mediation. She has an aggressive approach to fighting for the rights of her clients, who contain victims of workplace harassment, sexual harassment, Physical disabilities, and personal injuries both inside and outside the workplace. Cortney Shegerian also takes care of company’s marketing efforts and contribute her distinctive and innovative techniques to maintain Shegerian & Associates one of the most well-known employment and injury law firm of California. 

How have you started this business? What was the inspiration behind to start this business? 

Shegerian & Associates was founded in 2000 by my uncle Carney Shegerian. He has put his effort to give a strong foundation to the firm and grow the firm from one employee to 20. I have joined the firm in 2013 helping firm marketing department to find opportunities for its growth. Later after graduating law school in 2013 became an associate attorney with the firm.

How do you gain money? 

The basic concept behind making money is a traditional compensation model where we typically retain a percentage of cases settled or won in trials.

In How much time frame you make a profit? 

The law firm is in a profitable place and successful since it has been founded by Carney Shegerian. Exponential growth has been marked over the years with the increase in employee strength. 

Was there ever a time when you have started your career you doubted it would work? 

I have lost my first ever trials in 2014, that was a jury trial. That client was wronged by their employer and we felt devastating that we did not win the case for our client. It was a setback for me but I handled it by discovering more, acquiring more valuable experience and acquiring a deeper understanding that law can be more of an art than a science. 

What is your best marketing strategy that you are using that works really well to generate new business? 

I strongly admit referrals are always on top but paying referral fees to other attorneys and law offices can get expensive. Other strategies which are working well is blogging, SEO, paid ads all are online traditional things, however, doing things right, with the right budget and the right people. 

What do you think the reason for your success is? 

I would say, I have a great education and great teachers around me. Despite my knowledge and amount of experience, a strong drive to get justice for my clients what really help the law firm be successful. 

Share your most satisfying moment in business? 

I feel satisfied when I see the true happiness on the client’s face after winning a trial or a settlement after years of emotional trauma from being wrong in the workplace.