Maternity leave should be a time of care and recovery, not confusion and panic. But what happens if your employer lets you go just before, during, or right after your maternity leave begins? Can you still claim maternity leave benefits if fired? The short answer: in many cases, yes, but it depends on the circumstances and the law. Understanding your rights as a pregnant employee can protect your health, your finances, and your future.
Many pregnant women experience job insecurity at the very moment they need stability the most. This article unpacks what the law says, what options exist, and what actions you can take if you get fired while expecting or caring for a new child.
What the Law Says About Maternity Leave and Termination
Several laws protect employees from unfair dismissal during or after maternity leave. Under federal law, the Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid, job-protected leave for eligible employees. This includes maternity leave for childbirth, recovery, and care of a newborn.
However, not all employees qualify. You must:
- Work for a company with 50 or more employees
- Have worked there for at least 12 months
- Accrue 1,250 hours in the past year
If you meet these eligibility requirements, your employer must grant you FMLA leave. Firing someone for taking FMLA leave counts as a clear violation of federal law.
Alongside federal protections, states also enforce their laws. For example, in California, the California Family Rights Act (CFRA) offers similar protection, also covering foster care placement or caring for a sick family member. CFRA guarantees job protection during your leave. If your employer tries to fire you during the same period as your protected leave, you may have a strong legal claim under California employment law.
Wrongful Termination and Pregnancy Discrimination
Employers cannot fire employees for being pregnant or for taking maternity leave. Doing so could amount to wrongful termination or pregnancy discrimination, both illegal under Title VII of the Civil Rights Act.
Title VII, amended by the Pregnancy Discrimination Act, prohibits discrimination based on pregnancy, childbirth, or related medical conditions.
This means:
- Employers cannot fire you for morning sickness
- Employers must offer reasonable accommodations for pregnancy
- Your employment relationship must not be penalized due to your condition
If a company fires a pregnant employee without a fair reason, you can challenge the termination. Circumstantial evidence, such as emails, sudden disciplinary action, or inconsistent treatment compared to other employees, can support your legal case.
Employers must treat pregnancy the same as any short-term disability. That includes offering benefits, job protection, and reasonable accommodations under workplace labor laws.
Can You Still Claim Maternity Benefits After Being Fired?
Yes, in some situations, you can still claim maternity leave benefits even if you’ve been fired. But the key lies in proving the firing was unjust or discriminatory. If your employer terminated you while you were taking FMLA leave or soon after requesting it, this could form the basis for legal action.
Additionally, if you qualified for paid family leave or unpaid leave before your termination, you may still be entitled to those benefits. California’s Paid Family Leave program, for example, provides up to eight weeks of paid leave to bond with a child. You can often claim this even after leaving your job, as long as you meet other eligibility requirements and have paid into the state disability insurance program.
If your employment contract promised paid leave or health-related benefits, your employer may still owe you those regardless of your current job status. Be sure to check your contract carefully.
You can also file a UI claim (Unemployment Insurance) if you were fired through no fault of your own. But note: if you were let go for cause or misconduct, your claim might be denied.
Legal Rights and Protections You Can Use
If you believe you’ve been wrongfully terminated, you have several legal options. The first step is understanding your legal rights under federal and state employment law. Depending on your location, you may have overlapping protections.
Here’s what you can do:
- File a complaint with the Equal Employment Opportunity Commission (EEOC) under Title VII
- Review your employment contract for violations
- Explore state-specific labor laws that protect employees
What to Do if You’ve Been Fired While Pregnant or on Leave
If you’re a pregnant employee facing termination, the following steps can help you protect your employee rights:
Document everything
Keep emails, text messages, and notes of any meetings with your employer. Save any policy handbooks, contracts, or HR communications.
Understand your leave
Check if you were eligible for FMLA leave, paid family leave, or unpaid leave. Confirm how long you worked for the company, your hours, and what benefits were promised.
Evaluate timing
If the company fires you just after you disclosed your pregnancy or applied for leave, the timing may point to discrimination.
Compare with other employees
If you were treated more harshly than other employees with similar roles or absences, that might support a legal claim for unfair dismissal.
Seek legal help
When in doubt, talk to experienced employment lawyers. They can assess your situation and help you determine whether you should file a complaint or pursue legal action.
Additional Benefits You May Still Access
Even after termination, you may still qualify for key benefits:
- Health benefits: Through COBRA or state programs, you can continue health insurance coverage
- Paid leave: If eligible under your state’s paid family leave program
- New job protections: Some laws shield you from discrimination in a new job if you’re recently pregnant or on parental leave
Also, employers cannot use your pregnancy as a factor in hiring decisions elsewhere. If you feel you’ve been denied a job because of pregnancy, you may have grounds for a separate discrimination claim.
Your Rights Don’t End with Termination
Losing a job during or after maternity leave is difficult. But that doesn’t mean you lose your legal rights. Federal and state laws protect employees, especially pregnant women, from unfair dismissal and discrimination. If you qualify for medical leave, family leave, or paid family leave, your termination does not automatically cancel those rights.
Whether you’re dealing with lost wages, unfair work schedule, denied benefits, or an abrupt termination, know this: You are not alone. These protections exist for a reason. Understanding your rights empowers you to fight back.
If you’ve experienced wrongful termination during maternity leave or suspect pregnancy discrimination, Bourassa Law Group is here to support you. Our experienced employment law attorneys stand ready to help you understand your legal options and reclaim what’s rightfully yours. Don’t wait, contact us today for a free consultation.
1-800-870-8910