Maternity Benefits Do Not Cover Infertility Problems

Q. An employee misses a lot of work to make visits to a fertility clinic in an attempt to get pregnant. The manager fires her for unapproved absences. The worker claims that she was on a leave of absence protected by maternity leave laws. Does she have a case?

--W.R., Placentia

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A. Probably not, assuming that the termination is not in violation of a written employer policy. California law protects only individuals who are medically unable to work due to pregnancy, childbirth or related medical conditions, which are defined as “any medically recognized physical or mental condition[s] that [are] related to pregnancy or childbirth.” In the situation you described, the employee was presumably able to work when she visited the fertility clinic. Moreover, the employee’s condition is not related to pregnancy or childbirth, it is related to the inability to become pregnant. The employee would not have protection under California law until she actually becomes pregnant.

--Michael A. Hood, Employment law attorney Paul, Hastings, Janofsky & Walker

Rules for Breaks Are Clear

Q. I am usually scheduled for an eight-hour shift--noon to 8 p.m., for example. We are allowed a one-hour break during our shift that we must clock out for. Therefore, I am not receiving any break time on the clock. Is this legal? What are the laws on breaks? How many breaks should there be per shift?

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A. There are around 15 “wage orders” that define when and how employers must give breaks to employees. The most common requirement provides for a 10-minute paid break for every four hours of employment.

An employer can’t substitute a block of time at the end of the day or avoid giving a break during a four-hour period. The breaks should be taken at the middle of the four-hour block of time. The purpose is to provide an adequate rest period for the employee. These rules do not apply to union members or to exempt workers.

If you complain about a violation of these policies, the employer is prohibited by law from retaliating by demoting or terminating you.

An employer is required to display a poster informing employees of these rules.

As a practical matter, there are several things that you can do to help solve the problem. Consider writing the employer a polite and discreet letter not particularly complaining about the violation, but informing them of the law. You can send them a copy of this article addressing this situation either under your own name or anonymously. You could complain anonymously to the California labor commissioner, who would investigate.

--Don D. Sessions, Employee rights attorney Mission Viejo

Credible Work-Injury Cases Often Not Fought

Q. The department I work in has hard tile floors. I stand all day and actually walk around the floor, helping customers, for about six hours of an eight-hour shift.

During the past year I developed a bunion on one of my feet that is getting progressively worse. I have gone to the doctor to get X-rays and was told there is nothing more that can be done. However, I’m afraid it will keep getting worse.

If this develops into something disabling, is there any liability on my employer’s part? How hard is it to prove that this is an entirely work-related injury? Do big companies usually fight these claims?

--L.P., Newport Beach

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A. If your doctor can make a credible claim that your foot condition is the result of your working conditions, you may file a workers’ compensation claim. If you are found to be eligible for workers’ compensation benefits, your medical bills will be paid and you will be paid an additional amount for any disability that results.

While employers vary in their approach to workers’ compensation claims, all employers are required to have workers’ compensation insurance, and few employers will attempt to fight what appear to be legitimate claims.

--James J. McDonald Jr., Attorney, Fisher & Phillips Labor law instructor, UC Irvine

Intrusive Manager Should Be Confronted

Q. Recently, there were untrue rumors that I was seeing a man in my department. Upon hearing this rumor, my manager had a talk with the man to get the details. Six months ago, this same manager did the same thing to a man I was dating from a different department.

This manager has two documented sexual harassment charges filed against him, and although he’s never questioned me personally about my relationships, I feel uncomfortable about him trying to get details from others about what I’m like on a romantic level. I don’t know what I should do, if anything. Do you have any suggestions?

--N.O., Cerritos

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A. You should approach the manager and let him know that you do not appreciate his going to others to seek information about you. Tell him that he should address questions directly to you. It is my guess that this alone might put a stop to his behavior. If his unprofessional behavior continues, you should report the manager’s behavior to his superior.

--Ron Riggio, Professor of industrial psychology Cal State Fullerton

D o you have a question about an on-the-job situation? If so, please mail it to Shop Talk, Los Angeles Times, P.O. Box 2008, Costa Mesa, CA 92626. Or call (714) 966-7873 and leave a voice-mail message with your name and where you live. Questions of general interest will be answered in this column on Mondays.