Do Intended Parents Have Legal Protections Similar to Pregnant Women?

Question from Hello!, Do Intended Parents Have Legal Protections Similar to Pregnant Women?

Answer from AI:

Losing your job while in the midst of having a baby via surrogate can be a stressful and complex situation. In California, there are specific laws and protections for pregnant women, but the legal protections for intended parents using surrogacy are less clear-cut. Here’s a general overview of the relevant laws and what steps you might consider taking.

Understanding Pregnancy Discrimination Laws

The primary law that protects pregnant women in the workplace is the **Pregnancy Discrimination Act (PDA)**, which is an amendment to Title VII of the Civil Rights Act of 1964. This law prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Additionally, the **California Fair Employment and Housing Act (FEHA)** provides similar protections at the state level.

However, these laws specifically address the rights of women who are pregnant or have recently given birth. They do not explicitly cover intended parents using surrogacy.

Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA)

The **Family and Medical Leave Act (FMLA)** and the **California Family Rights Act (CFRA)** provide eligible employees with up to 12 weeks of unpaid leave for certain family and medical reasons, including the birth of a child. Under these laws, intended parents may be eligible for leave to bond with their newborn child, even if the child is born via surrogacy.

To be eligible for FMLA or CFRA leave, you must:

• Have worked for your employer for at least 12 months
• Have worked at least 1,250 hours during the 12 months prior to the start of the leave
• Work at a location where the employer has at least 50 employees within 75 miles

Potential Legal Protections for Intended Parents

While there are no specific laws that provide the same protections to intended parents as to pregnant women, you may still have some legal options:

1. Review Your Employment Contract: Check if your employment contract or company policies provide any specific protections or benefits related to surrogacy or parental leave.
2. Consult with a Legal Professional: Given the complexity of your situation, it is crucial to seek personalized legal advice. An employment lawyer can help you understand your rights and options.
3. File a Complaint: If you believe your termination was discriminatory or violated your rights under FMLA or CFRA, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH).

Resources and Next Steps

For more information, you can refer to the following resources:

• EEOC – Pregnancy Discrimination
• California Department of Fair Employment and Housing
• U.S. Department of Labor – FMLA

Given the nuances of employment law and surrogacy, it is highly recommended to consult with a legal professional to get advice tailored to your specific circumstances. They can help you navigate the legal landscape and determine the best course of action.