Whether you took paid or unpaid leave because of a pregnancy, your employer must offer you the same position (or similar job) to the one you had before you went on leave. If you are fired from your job upon returning from maternity leave, you have the right to file a wrongful termination claim. You can also file a claim if you were fired after asking for reasonable accommodations, like a safe and private space for pumping breast milk during the day.
Sadly, many workers are subjected to wrongful termination and other punitive acts by their employer when they take extended leave for a medical condition. This is illegal, and you have protections against being fired under state and federal laws.
If you were terminated from your employment after coming back from maternity leave, you should speak with a pregnancy discrimination lawyer to learn about your rights and legal options. Contact our office today and schedule a case evaluation, completely free of charge.
Your Right to Maternity Leave
There are laws at the federal level that are specific to maternity leave, but many employees in California are eligible for extended leave under the Family and Medical Leave Act (FMLA). This statute allows new mothers to have up to 12 unpaid weeks off from work without fear of losing their job.
FMLA Leave Requirements for Employers
Employers with a workforce of 50 or more employees must provide medical leave – including maternity leave – for employees that have worked 1,250 or more hours within a 12 month period. Your rights under the FMLA include:
- Up to 12 weeks of unpaid leave from your job
- The right to keep your job / benefits at the same pay rate and schedule
- The right to health insurance at your employer’s rate
Leave under California Law
The CFRA, or the California Family Rights Act, provides qualifying workers with up to 12 weeks of unpaid leave, just like you would get under the FMLA. The leave is for your own health issues or that of a family member that you are taking care of. The leave time is unpaid and job-protected, meaning you cannot be fired for taking time off under the CFRA or after you come back from maternity leave. This statute also gives you the right to take up to 5 days off upon the death of immediate family members.
Coming Back to Work
While you are out on leave, your employer must keep your job open for you. Or, they must provide you with a position that is “equivalent” to the one you had. In short, they cannot fire you upon returning to work from maternity leave – unless they had another reason to fire you, which does not violate an existing employment contract or the state’s wrongful termination laws.
So, My Boss can Fire me While I am on Maternity Leave or After I Come Back to Work?
Yes, because California is an at-will employment state, your boss can technically fire you at any point, even when you are out on maternity leave. In some cases, workers may be laid off due to financial constraints that force the owner to reduce their workforce. Or, the employer can let you go for another reason, with or without notice. However, your pregnancy and request for maternity leave cannot be used as a basis for termination of employment.
Fired for a Legitimate Reason
In spite of laws that exist to protect workers from illegal termination, a worker may be fired over work-related issues, like failing to meet certain performance metrics. And there is nothing to stop your employer from announcing that you are terminated, even if you are out on leave after having a baby. Companies generally do give notice, especially for new mothers or those who are suffering from a serious medical issue. That way, you have an opportunity to give your side of the story. However, the employer still reserves the right to fire you if the reason does not violate current labor laws.
How Employers Try to Get Around the Rules
Even though layoffs are possible while you are on medical leave, your boss cannot fire you and call it a layoff when the rest of your department / coworkers are allowed to keep their jobs. In essence, your employer may try to use different terminology to justify terminating you, but this is illegal if your pregnancy or request for maternity leave is the basis for ending your employment. This is another example of illegal circumstances that can serve as grounds for a wrongful termination lawsuit.
What can I Do if I am Fired after Returning to Work from Maternity Leave?
Those who are fired soon after asking for or coming back from maternity leave may be entitled to compensation from a wrongful termination claim. If you used leave time under the Family and Medical Leave Act, you can file a lawsuit against your employer in federal court. You must file a lawsuit within 2 years of the violation, or within 3 years if your employer willfully broke the law in order to fire you (intentional misconduct).
Keep in mind that your own legal strategy may be different, and it’s important to confirm the right course of action with a California employment attorney.
Compensation if You are Fired for Taking Maternity Leave
Yes, you have the right to monetary compensation as someone who was fired because of pregnancy discrimination or violation of the FMLA or CFRA. Remedies you can request from your employer may include lost wages and benefits, reinstatement of your job, compensation for emotional distress, and legal fees.
Help from a Wrongful Termination Lawyer
No one should have to worry about losing their job over maternity leave, but many employers use pregnancy and leave time as an excuse to get rid of someone. This is illegal, and you have the right to seek justice with help from a pregnancy discrimination attorney.
We accept each case on a contingency basis, meaning we will not ask for a penny upfront. The cost of hiring us is included in your settlement from the other party, so we make absolutely nothing until you get paid. Furthermore, you owe us $0 in legal fees if we fail to secure a successful resolution to your case.
Reach out to us 24 hours a day, 7 days a week and receive a free consultation from one of our legal experts.
