Having a pregnancy leave policy that permits pregnant employees to take time off for childbirth is only the first step in complying with the law. As one employer recently learned, it’s just as important to have post-leave follow-up policies. We’ll explain what this employer did wrong and the post-pregnancy leave policies the employer should have had.

Acosta Tacos is a small, family-run chain of taquerias in Los Angeles. Acosta Tacos’ employee handbook simply stated that female employees are permitted to take pregnancy disability leave. The company maintained no other pregnancy-related policies and posted none of the required workplace notices.

When Acosta Tacos cashier “Tara” told her supervisor, “Victor,” that she was going into labor a month early, her leave was approved on the spot, as the company’s policy provided. Victor told Tara that he’d find someone to cover her shifts while she was out, and to call him when she was ready to return to work. No one at Acosta Tacos expressed unhappiness over Tara needing to be out, and there was no indication of animosity toward her because of her pregnancy.

Unfortunately, Acosta Tacos dropped the ball by failing to have post-pregnancy leave policies and protocol.

Two Crucial Mistakes

Acosta Tacos’ first mistake was that when Tara called Victor to tell him she was ready to return to work after being out for only a month, she was told that her position had been filled during her leave. While Tara was out, he’d hired two new employees to cover her shifts. Victor explained that he’d try to find her a new position, and in the meantime, assigned her to fill in for an absent employee.

California law requires that an employee who takes pregnancy disability leave be reinstated to her same position on returning from leave. If an employer cannot reinstate the retuning employee to her exact same position—because it was eliminated or because filling the position on a temporary basis during the leave would have created a substantial business hardship—the employee must be returned to a “substantially similar” position (unless none exist because of companywide layoffs or business closure). The employer must be able to provide objective facts demonstrating that it was unable to reinstate the employee to her same position.

The second mistake Acosta Tacos made was that it fired Tara for breastfeeding her newborn baby during her meal period.

While Tara was filling in for the absent employee, her partner brought their infant to the store so that Tara could breastfeed the baby during a meal break. Because no private space was available, Tara fed the baby in the family car in the store’s parking lot. Tara then finished out her shift.

The next day, the manager of another Acosta Tacos location asked Tara to fill in for one of his employees who was out sick. Victor objected, stating that he learned that Tara breastfed her baby on company property the night before. He told her that she couldn’t come back to work until she finished lactation. Tara protested that she needed to be able to breastfeed her baby but also needed to go back to work immediately. Victor replied that he didn’t like her attitude and terminated her.

California employers are required to provide female employees who wish to express breast milk for nursing infants with:

• A reasonable opportunity to take breaks for expressing breast milk or breastfeeding, which can be timed with the employee’s regular break schedule.
• Reasonable access to a private location to express breast milk, other than public restrooms if possible, that is in close proximity to the employee’s regular work area.

Failure to provide the time and facilities required can result in a $100 civil penalty for each violation—as well as damages and other fines if the employee files a complaint or lawsuit.

Employer Pays for Pregnancy Disability, Sex Bias

Tara filed a complaint against Acosta Tacos, as well as Victor and the company’s owner individually, with the California Department of Fair Employment and Housing (DFEH). Following its investigation, the DFEH found that the company, the manager, and the owner engaged in pregnancy disability discrimination for not reinstating Tara to her previous position and in sex discrimination for terminating Tara for breastfeeding, and for not providing her with the time and private facilities to do so. The DFEH also found that Tara’s termination was retaliation for her objections to Victor’s statement that she couldn’t breastfeed during her breaks.

Tara was awarded $20,000 in back wages and $20,000 in emotional distress damages. In addition, the agency hit Acosta Tacos with a $5,000 administrative fine.

Pregnancy Leave Policy Checklist

Acosta Tacos learned the hard way that simply having a pregnancy disability leave policy is only the first step in fulfilling an employer’s obligations under California law. Post-leave follow-up policies are just as important as having the correct leave policy.

To avoid the mistakes Acosta Tacos made, employers should make sure to have policies that address each of the following:

• Posting the required workplace notices regarding pregnancy disability leave, the California Family Rights Act, and California antidiscrimination laws (workplace posters can be downloaded at the DFEH’s website at www.dfeh.ca.gov).
• Permitting disabled or pregnant employees to take leave as mandated by state and federal law.
• Post-leave reinstatement of employees.
• Lactation time and facilities (allowing employees to express breast milk during scheduled breaks, if possible, or making additional time available to do so on a paid or unpaid basis).
• An inquiry and complaint procedure for employees who have questions or concerns about pregnancy leave and post-leave rights.

Written by BLR, Inc.

Labels: California, Employees, Employers

Exercise is a big part of a healthy lifestyle. Just 30 to 60 minutes a day, five days a week of activities like walking, swimming, and gardening can help you lower your risk for heart disease, prevent and manage high blood pressure, improve your cholesterol levels, handle stress, and more, according to the American Heart Association.

The problem is that although the reasons for exercising are clear, actually sticking with a daily exercise routine can be hard. So we’ve got some tips and tools to make it easier for you to keep moving, whether you’re walking one mile or running 10.

If you have a high risk of heart disease or other chronic condition or have been inactive for a long time, see your doctor before starting a new exercise program.

Exercise Tips:

• Approach exercise as something fun you do for yourself, rather than as drudgery to endure. Find activities you enjoy. If exercising alone bores you, take a group class. If you hate indoor gym workouts, look for outdoor activities.
• Exercise with a buddy. Whether you’re running, walking, or lifting weights, it’s more fun to work out with someone else. Plus, you’ll be more likely to stick to a fitness routine when there’s a little friendly peer pressure to motivate you.
• Mentally plan a spot for exercise in each day’s schedule beforehand. Make the workout as convenient as possible, in terms of both when and where you exercise, and you’ll be more likely to keep at it.
• Get any clothing or equipment you need ready ahead of time. That way you can just grab your gym bag on the way out the door, or get dressed for a morning workout without spending valuable time searching for gear.
• Sign up for a running race, charity walk, or other event and use it as your goal. Having this to focus on will help motivate you to exercise on days when you’d rather stay on the couch.
• Be flexible about your workout. For example, if you can’t fit in a long walk some days, try for two or three short walks instead. Any amount of exercise is better than doing nothing.
• Don’t try to do too much too soon. Start slow, and increase the intensity and duration of your workout as you get more fit.
• Doing the same thing every day is boring, so vary your schedule. Don’t always jog the same route or do the same workout sequence, and try a mix of different activities. Alternate some yoga with your biking, or replace a trip to the gym with a new exercise class, for example. Variety will help keep you fresh mentally and physically.
• When your motivation dips and you don’t feel like exercising, just get yourself out the door for a mini-workout. Chances are that you’ll perk up and feel more inspired once you’ve started.
• Don’t expect to improve each time you exercise -- it’s a gradual process. You’ll have up and down days, so forget the bad workouts and savor the good ones. (Of course, you should see a doctor if you’re sick or injure yourself.)
• Always take a few moments at the end of each workout to silently congratulate yourself on a job well done. You deserve it!

Labels: Health

Emergency rooms have often been mistakenly utilized for urgent care needs. By definition, an emergency is a dangerous situation that occurs suddenly and requires immediate action. Therefore, emergency rooms should be used only for injuries and illness that cannot be dealt with properly in a doctor’s office. Urgent care facilities are equipped to take care of illnesses and injuries that require medical attention but are not life-threatening. Some symptoms that may be treated at an urgent care facility are fever, earache, nausea/vomiting, flu, dizziness, sprains, minor cuts that may or may not require stitches, and fractured bones

Emergency rooms are not always the fastest choice for medical care needs- and certainly NOT the most cost-effective.

Below are some examples of why you might want to select an urgent care rather than the emergency room:

Labels: Health

The flu is much more serious than the common cold and can lead to severe health complications. Getting a flu shot each fall is the single best way to help prevent the flu and protect yourself and those around you during flu season.

Everyone in your household should get a flu shot each year, but it’s especially important for:

• Adults over 50 years old
• Children 6 months to 18 years
• Anyone with on-going health conditions, like diabetes, heart disease or lung disease
• Women who are pregnant during flu season
• Health care workers
• Anyone living with or caring for someone in one of these categories, or who has a child less than 6 months old.

For more information on flu shots, please contact your healthcare provider.

Labels: Health

Labels: California

When discovered early, breast cancer can be successfully treated. Survival rates for women with breast cancer continue to increase due to improved treatments and early detection. The three main methods for early detection are:

• Monthly self-exams performed at home.
• Clinical breast exams performed by your doctor.
• Regular mammograms as recommended by your doctor.

Self-exams are important, but clinical breast exams and mammograms can help detect changes you might miss, so be sure to make appointments for both as recommended.

Click here for more information about Breast Cancer.

Labels: Health