You’re rocking your newborn to sleep, baby bottles scattered around, when your phone buzzes. It’s an email from your employer. You’ve been laid off. Shock, fear, and anger bubble up. Can they even do that? Are you protected by law? And what happens if you are fired or laid off during maternity leave?
Taking maternity leave is supposed to be a time of bonding, healing, and adjusting to a new life. However, if you are fired or laid off during maternity leave, the situation quickly becomes overwhelming. Laid off employees take a direct hit on their finances and their daily lives.
Let’s dive deep into your rights, the laws that protect you, common misconceptions, and the actions you can take.
Maternity Leave and Job-Protected Leave: What’s the Difference?
Maternity leave is often a combination of medical leave and parental leave. The Family and Medical Leave Act (FMLA), a federal law, provides eligible employees up to 12 weeks of job-protected leave to care for a new child or for their own serious health condition, like giving birth.
Under FMLA, your employer must return you to the same job or an equivalent one with the same pay, benefits, and responsibilities. However, this protection only applies to eligible employees — those who’ve worked at least 1,250 hours over the past year at a company with 50 or more employees.
Misconception: Many people mistakenly believe the FMLA guarantees paid leave. In reality, the FMLA only guarantees unpaid leave with job protection. However, if all goes well, this might be only a few weeks.
What About Health Insurance?
Under FMLA, your employer must continue your health insurance coverage under the same terms as if you were actively working. You should not have to worry about losing health benefits while washing baby bottles and caring for your new baby.
Example: If you were paying $200 per month for your insurance before maternity leave, your costs should remain the same during your leave.
Being Laid Off During Maternity Leave: Legal or Illegal?
Here’s the hard truth: being laid off while on maternity leave isn’t always illegal. However, if the termination is because of your pregnancy or leave, it’s a case of wrongful termination or pregnancy discrimination, both illegal under federal and state laws. So, the circumstances have plenty to do with whether or not a person’s termination is legal.
The Pregnancy Discrimination Act (PDA), an amendment to Title VII of the Civil Rights Act of 1964, forbids employers from firing employees because of pregnancy, childbirth, or related conditions. So, if your employer fires you because you’re on maternity leave or just had a child, that’s illegal.
Common Issue: Employers may mask discrimination as “performance issues” or “restructuring” to justify firing a new mother. However, it’s still being fired for being pregnant.
What If the Entire Department Is Laid Off?
Let’s be clear: if an entire department is laid off due to economic downturns or restructuring, your firing might be a legal layoff, even if you are on maternity leave. But beware — employers sometimes use layoffs as a cover for illegal termination.
Explanation: To determine legality, investigate whether non-pregnant employees were treated similarly and whether there is documentation supporting the layoff decision.
State Laws and Additional Protections
Many state laws provide even stronger protections than federal laws. For instance, California’s Pregnancy Disability Leave Law (PDLL) and California Family Rights Act (CFRA) offer extended leave and job protection. Similarly, New York’s Paid Family Leave law provides paid, job-protected leave.
Always check your state laws for additional legal protections. Some states mandate paid leave or broader job protection even for smaller companies.
Retaliation: A Silent Threat
Employers are prohibited from retaliating against employees who assert their rights. If you file a complaint about discrimination or ask for your lawful parental leave, and you’re fired shortly after, that’s retaliation — and it’s illegal.
Example: If an employee requests maternity leave and is demoted the following week, retaliation is a likely issue.
How Employment Law Comes into Play
Employment law exists to protect workers from unfair treatment. Consulting an employment lawyer ensures your case is reviewed properly. If you suspect wrongful termination, a good employment attorney can help you file a claim with the Equal Employment Opportunity Commission (EEOC) or your state’s labor agency.
Hypothetical Examples of Real-World Scenarios
Consider Sarah, a pregnant woman working in marketing. She went on FMLA leave after giving birth. Two weeks into her leave, her boss emailed her: “We’re downsizing, and your position is eliminated.”
Yet, Sarah later learned her position was filled by someone new — and less expensive. She contacted an employment attorney, filed a wrongful termination suit, and recovered lost wages and damages for emotional distress.
Another case involved Johnna, who was offered a different position with lower pay after returning from parental leave. With legal help, she demonstrated this was a violation of the FMLA, and her company was forced to reinstate her with back pay.
Job Security After Returning
After taking maternity leave, FMLA leave, or medical leave, you should return to the same position or an equivalent one. If your employer claims they no longer have your role but offers a vastly different job with lower pay or fewer benefits, that could violate the FMLA.
Issue: Some employers count your maternity leave against performance evaluations. This is illegal under the FMLA.
What If You Need a New Job?
Sadly, some people laid off during or after maternity leave must find a new job. Although daunting, you still have legal rights and protections against pregnancy discrimination during your job search. Prospective employers cannot legally refuse to hire you just because you’re a new mother.
Tip: During job interviews, employers cannot legally ask if you are pregnant or planning to have children.
Know Your Legal Requirements
To protect your rights:
- Document everything: Save emails, texts, and voicemails.
- File a complaint: If needed, with the EEOC within 180 days (or longer, depending on state laws).
- Consult an employment lawyer, especially if you suspect illegal practices.
The Role of Company Policy
Some companies have their own policies regarding maternity, parental, or FMLA leave. While company policies can offer more generous benefits than the law requires, they cannot undercut federal or state laws. An employer’s internal policy never negates your rights under the law.
Final Thoughts
Pregnancy, childbirth, and caring for a new child should be moments of joy, not legal battles over your job security. If you’re facing termination during or after maternity leave, know that numerous federal laws, state laws, and legal advocates stand ready to protect your future.
You have worked hard. You deserve time to bond with your baby, heal, and adjust without fear. If your employer fails you during this crucial time, remember: you have options. You have rights. You have the law on your side.
Fired Or Laid Off During Maternity Leave? Fight Your Case With BLG
Don’t wait. If you believe you have been wrongfully terminated during or after maternity leave, contact the Bourassa Law Group today. Our experienced employment attorneys at Bourassa Law Group are ready to fight for your rights and secure the compensation you deserve. Schedule your free consultation now!
Stay informed. Stay empowered. Your family’s future is worth it.
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