Can You Get Fired While on Maternity Leave?

Can you get fired on maternity leave? You may have heard that maternity leave is a protected right, and an employer cannot terminate your position while you are taking leave. However, the answer is more nuanced than this.

Your employer may be able to legally fire you or lay you off while on maternity leave under certain conditions. Having California employment attorneys review your situation can help you understand your rights under employment law and take steps to protect them. You can also use this guide as a starting point to assess whether your termination was lawful. 

Understanding the Terms of Your Maternity Leave

Employers offer different types of maternity leave, and reviewing the specific terms of your leave is important to understanding your rights. 

Your employer may have included terms about maternity leave in your contract. These terms should specify the duration of leave, whether it is paid or unpaid, and whether the company will hold your position during leave. 

If your employer does not explicitly offer maternity leave, you may have other protections under state or federal law. 

• The California Family Rights Act offers eligible employees up to 12 weeks of unpaid, job-protected leave after a birth or adoption. To be eligible, you must have worked for your employer for more than 12 months and for at least 1,250 hours in the previous 12-month period, and your employer must have at least five employees. 
• Pregnancy Disability Leave in California provides eligible employees with up to four months of unpaid, job-protected leave for pregnancy or childbirth that makes them physically unable to perform their job duties. This applies to all employers with at least five employees. 
• The Family and Medical Leave Act provides up to 12 weeks of unpaid leave for eligible employees to recover from childbirth or care for a newborn. This federal act applies to all public agencies and any private companies with 50 or more employees within 75 miles of the worksite. 

Each of these programs has specific eligibility requirements, so it is important to review them closely to determine your eligibility. In all of these cases, employers are required to provide “job-protected leave,” which generally means that an employer will hold your position or a comparable position until you return. However, there are exceptions to this rule. 

When Can an Employer Fire You While on Job-Protected Leave? 

Under California and federal law, an employer cannot fire you in retaliation for taking job-protected leave. This would be considered wrongful termination and could give rise to retaliation claims. 

However, an employer may be able to lawfully terminate your employment during maternity leave in a few scenarios. 

• Company restructuring or downsizing: An employer can lay you off for a legitimate reason while you are taking leave, such as if the company is downsizing, restructuring, or cannot afford to maintain all employees. If the company lays off other employees at the same time as you, this may provide further evidence that they are not specifically targeting you. 
• Performance issues: If your employer can prove that the termination is due to performance issues and is unrelated to your maternity leave, they may be able to lawfully end your employment during or after leave. 
• Misconduct: If you violated company policy or committed serious misconduct, this could be grounds for termination during maternity leave. Your employer should have evidence of the misconduct or policy violations. 
• End of contract: If you were hired as a contractor or temporary worker and your contract expires during your leave, your employer can legally end your employment. 

The layoff or termination must be unrelated to the leave and supported by legitimate business reasons to be lawful. 

When Is Employee Termination During Leave Unlawful? 

Can you get fired on maternity leave in CA? If your employer fired you because of your maternity leave or for no other justifiable reason while you were on protected leave, this action may be unlawful. 

California and many other states follow “at-will employment” policies. This means that an employer can generally fire you at will, for any reason or for no reason, unless that reason is unlawful. Illegal reasons for firing an employee include:

• Discrimination based on a protected characteristic (including pregnancy)
• Retaliation for completing protected activities, such as taking job-protected maternity leave
• Violating a contract, such as a maternity leave contract 

If your employment was terminated before, during, or directly after taking maternity leave, or after announcing to your employer that you are pregnant, speak with an employment attorney about your options.

What To Do if You Were Fired During Maternity Leave 

If your employer fired you while you were on maternity leave, they may have violated California’s Fair Employment and Housing Act or the federal Pregnancy Discrimination Act. You may have grounds for a pregnancy discrimination lawsuit or other actions. 

These steps can help you protect your legal rights:

1. Document everything, including all communications with your employer, records of your maternity leave request and approval, explanations of your termination, verbal conversations with your boss or coworkers, and copies of performance reviews or feedback. 
2. Reach out to your HR department. They can provide additional information about the reason for your termination. Request a written explanation or keep all communications in writing so you can use them as evidence. 
3. Talk to an employment attorney. They can help you understand employment protections that apply to you and discuss whether you may have job reinstatement rights or other options. 

If your attorney agrees that your termination may have been unlawful, your next step may be to file a claim with the California Civil Rights Department or the Equal Employment Opportunity Commission. Your lawyer can assist you with this process. 

Seek Legal Help From D.Law 

Can you get fired on maternity leave? If you lost your job while on protected leave or were fired for being pregnant, you may have legal options for seeking reinstatement or other damages. D.Law represents workers across California through employment claims and lawsuits. Request a consultation via our online form or call today to learn whether you may have a case.