Port Hueneme, CA asked in Employment Law and Family Law for California

Q: If I am currently breastfeeding can my employer force me to go on a two week detachment away from home without my child

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: Unfortunately, you have not provided enough information. When you say "detachment" it sounds like Military, and they can be subject to special rules. If this is normal employment, you can be protected by pregnancy leave laws found in the Government code § 12940 and following. California has a Family Leave Act that also covers child care leave post partum. You may also be covered by Federal laws such as the FMLA and the ADA if you are disabled or caring for a disabled person. I have never heard of a newborn that is nursing being classified as a person with a qualified disability but it could be a first! You need to speak with an attorney practicing in this area of law to secure your rights, don't delay. Thank you for using Justia, Ask a Lawyer.

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