Understanding your rights during maternity leave is crucial, especially in a state like California, where robust legal protections exist. If you are wondering whether you can be fired or laid off while on maternity leave in California, the short answer is: generally, no, but certain circumstances can complicate the situation.
This guide explains California law regarding maternity leave, protections for pregnant employees, and what legal steps to take if your rights are violated. Remember, this info can help you, even if it is a former employer or you were an employee elsewhere
California’s Unique Legal Protections
California’s legal framework surrounding maternity leave is stronger than most states. Various laws work together to offer pregnant workers protection against discrimination, ensuring they can focus on their well-being and family without fearing job loss.
1. California Family Rights Act (CFRA)
The CFRA provides eligible employees with up to 12 weeks of job protected leave to bond with a new child or care for a serious health condition, including pregnancy-related matters. Employers with five or more employees are covered.
2. Pregnancy Disability Leave (PDL)
Under California Government Code § 12945, pregnant employees are entitled to up to four months of pregnancy disability leave (PDL) for disabilities related to pregnancy, childbirth, or a pregnancy related health condition.
3. Fair Employment and Housing Act (FEHA)
The FEHA makes it illegal to fire or discriminate against pregnant women because of pregnancy, childbirth, or any related medical condition. This law applies to employers with five or more employees.
4. Family and Medical Leave Act (FMLA)
The FMLA leave also provides additional protections for eligible employees, though California’s laws often offer broader rights.
Can Employers Terminate Pregnant Employees?
While California law strongly protects pregnant workers, certain narrow exceptions allow for termination under specific conditions. However, this doesn’t mean you can be fired for being pregnant.
Understanding these nuances is essential to knowing whether your termination was lawful or not. Thus, we will break down the most crucial details and scenarios for your reference.
1. Legal Termination Scenarios
An employer may legally lay off a pregnant employee during maternity leave if the termination is part of a broader legitimate layoff or business closure that affects other employees as well.
However, the employer must prove that the decision was unrelated to the employee’s pregnancy, maternity leave, or medical leave.
2. Illegal Termination Scenarios
It is illegal for an employer to terminate an employee solely because of her pregnancy, need for leave, or any pregnancy related medical conditions. Wrongful termination occurs if a pregnant person is targeted or treated differently due to pregnancy or childbirth.
Employer Requirements and Employee Protections
California law sets strict obligations for employers to ensure that pregnant employees are treated fairly before, during, and after maternity leave.
1. Job Protection Obligations
Employers must maintain job protection during maternity leave. They must honor medical certification provided for leave and reinstate the employee to the same or a comparable job after the leave concludes.
2. Handling Health-Related Leave Extensions
In cases where pregnancy related health conditions require extended medical leave beyond the standard maternity period, employers are obligated to provide reasonable accommodations under the FEHA.
Importance of Non-Discriminatory Practices
Adverse employment actions based on medical reasons related to pregnancy are strictly prohibited. Failure to comply with these requirements may expose employers to liability for discrimination.
What Happens If You’re Laid Off Before or During Maternity Leave?
Experiencing a layoff before or during maternity leave can be emotionally devastating. Knowing your rights helps you respond appropriately.
Laid Off Before Maternity Leave California
If you are laid off before maternity leave in California, your employer must show that the layoff was unrelated to your pregnancy. They must apply the same standards to other employees to avoid claims of discrimination.
Laid Off During Maternity Leave California
Being laid off during maternity leave California can raise immediate red flags. The employer must provide legitimate reasons unrelated to maternity leave, and they bear the burden of proof to show no discriminatory motive existed.
Filing a Claim for Wrongful Termination While On Maternity Leave in California
Pursuing justice after a wrongful termination requires understanding the claim process and acting swiftly to protect your rights.
1. Identifying the Violation
If your employer’s actions appear tied to your pregnancy or leave status, you may have grounds for a pregnancy discrimination claim. Look for signs such as sudden changes in evaluations, exclusion from projects, or disparate treatment compared to non-pregnant peers.
2. Filing with the Correct Agency
To pursue justice, file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). These agencies investigate claims and can issue a “Right to Sue” letter, allowing you to proceed to court.
3. Deadlines and Documentation
You must file your administrative complaint promptly—usually within one year under California law. Maintain thorough documentation of all communications with your employer.
Potential Compensation in a Lawsuit
Understanding what compensation you may be entitled to helps set expectations when filing a pregnancy discrimination lawsuit.
Recovery Options
Victims of wrongful termination during maternity leave may recover several types of damages.
1. Back Pay and Lost Benefits
Employees are entitled to recover back pay, including wages, bonuses, and lost employee benefits that would have accrued during the period of unemployment.
2. Front Pay
If reinstatement is not feasible, courts may award front pay to compensate for future earnings lost as a result of the termination.
3. Emotional Distress and Punitive Damages
Significant awards for emotional distress are possible when the employer’s actions cause severe psychological harm. In egregious cases, punitive damages may also be awarded to punish and deter discriminatory behavior.
4. Litigation Costs
Prevailing employees often recover reasonable litigation costs and attorney’s fees under California and federal statutes.
Legal Requirements for Employers
Employers must fully understand and adhere to strict standards when dealing with maternity leave situations to avoid potential liability.
1. Medical Certification Compliance
Accept valid medical certification for maternity-related leave without unnecessary delays or burdens on the employee.
2. Reinstatement After Leave
Provide reinstatement to the same or an equivalent job without loss of pay, seniority, or benefits, unless circumstances make this impossible for legitimate, non-discriminatory reasons.
3. Severance Considerations
Offer appropriate severance packages during legitimate layoffs, without conditioning severance on waiving pregnancy discrimination claims improperly.
Common Employer Mistakes
Despite clear regulations, many employers still make costly mistakes when handling maternity leave scenarios.
1. Misapplication of Layoff Policies
Employers sometimes target pregnant workers during workforce reductions, assuming that legal protections don’t apply. This misunderstanding can expose companies to liability.
2. Retaliation for Requesting Leave
Punishing an employee for requesting maternity or medical leave is a violation of both state and federal law.
3. Inconsistent Treatment
Treating pregnant employees differently than others in similar situations often becomes key circumstantial evidence of discrimination.
California Maternity Leave Before Birth
Many pregnant employees may need to start their maternity leave before childbirth due to health complications.
California laws allow employees to begin their leave before giving birth if a pregnancy related health condition warrants it. Pregnancy Disability Leave (PDL) may commence as early as needed based on a healthcare provider’s recommendation.
Is It Legal to Fire Someone on Maternity Leave?
Short Answer: No, firing someone because they are on maternity leave is generally illegal under both federal law and California law.
However, under specific circumstances—such as legitimate company-wide layoffs—an employee could be legally laid off if the employer can prove the decision was unrelated to pregnancy.
Steps You Should Take if Terminated While On Maternity Leave in California
Facing termination while on maternity leave can be overwhelming. Acting quickly and smartly can protect your rights and increase your chances of a favorable outcome.
1. Immediate Actions
Contact an employment lawyer immediately for a free consultation. Gather all written communications, medical certifications, and performance evaluations. Document dates, conversations, and any incidents of differential treatment.
2. Building Your Case
Your attorney will help you file complaints with government agencies and craft a compelling narrative showing how your termination violated California protections for pregnant women.
3. Litigation or Settlement
Many pregnancy discrimination cases settle before trial. However, be prepared to go to court to seek a fair outcome if necessary. Experienced employment lawyers from reputable firms can also be a great asset in such difficult times.
Contact Bourassa Law Group for Help
If you believe you have been wrongfully terminated or laid off during maternity leave in California, the experienced team at Bourassa Law Group is here to help.
We offer free consultations to discuss your case and determine the best path forward. We are passionate about protecting the rights of pregnant workers, new parents, and those facing unfair treatment during one of life’s most important milestones.
Don’t let an employer’s unlawful practices jeopardize your career, health, and future. Contact Bourassa Law Group today to safeguard your rights and seek the justice you deserve.
1-800-870-8910