What Are Your Rights If You’re Terminated After Returning from Maternity Leave?

You take maternity leave to bond with your new child, recover from birth, and transition into one of the most life-changing roles: motherhood. But what happens when you return, ready to resume your job responsibilities, only to find you’ve been let go? You’re not alone in wondering: What are your rights if you’re terminated after returning from maternity leave?

This experience can feel like a punch to the gut emotionally, financially, and professionally. Fortunately, both federal and state laws exist to protect your job, your dignity, and your livelihood during and after pregnancy leave. 

Let’s break down what wrongful termination after maternity leave looks like, what protections the law provides, and what actions you can take if your employer crosses the line.

Federal and state laws work together to provide job protections when you take maternity leave.

Key legal frameworks that protect from wrongful termination after maternity leave:

  • Family and Medical Leave Act (FMLA)
    Under federal law, the FMLA entitles eligible employees to 12 weeks of unpaid leave for pregnancy, childbirth, or a serious health condition. This is job-protected leave; your employer must return you to the same position or an equivalent job with the same pay rate, benefits, and responsibilities.
  • Pregnancy Discrimination Act (PDA)
    Part of the Civil Rights Act, this law prohibits employers from taking adverse action, like termination, based on pregnancy, childbirth, or pregnancy-related conditions. 
  • Americans with Disabilities Act (ADA)
    If you experience medical conditions related to pregnancy (e.g., preeclampsia or postpartum depression), your employer must provide reasonable accommodations if your condition qualifies as a disability.

These protections typically apply to employees who meet certain eligibility criteria, such as having worked for their employer for a sufficient period and being employed by a company that meets specific size requirements under the law.

Can You Be Fired After Returning from Maternity Leave?

Yes, but only under specific circumstances. Employers can terminate employment for legitimate, non-discriminatory reasons (like company-wide layoffs), but they cannot fire you simply because you took maternity leave or because you’re a new parent.

Ask yourself:

  • Did your employer terminate you shortly after your leave began or after you returned?
  • Did other employees remain employed despite similar performance?
  • Did you receive negative performance reviews out of the blue?
  • Did the employer fail to reinstate you to your same job or a comparable one?

If yes, you may be dealing with pregnancy discrimination or retaliation.

How Long After Maternity Leave Can You Be Fired?

There’s no hard deadline, but timing matters.

If an employer fires you immediately after you return or shortly after reinstatement, it can raise a red flag. Courts often examine the proximity between your return and the adverse action taken against you.

Additionally:

  • Under the FMLA, you have two years to file a claim for wrongful termination, three years if your employer willfully violated the law.
  • Under the Equal Employment Opportunity Commission (EEOC), you generally must file a charge within 180 days of the discriminatory act, or within 300 days if your state has a local agency that enforces similar anti-discrimination laws.

Missing these deadlines can bar you from seeking legal action or recovering lost wages and legal costs.

What Counts as Retaliation After Maternity Leave?

Employers might retaliate in subtle ways, including:

  • Firing or demoting you
  • Reducing your pay rate
  • Changing your schedule to create logistical hurdles
  • Excluding you from meetings or projects
  • Giving unjustified negative performance reviews

These actions, taken against you because you took pregnancy leave, may qualify as retaliation and violate employment law. 

Notable case examples that illustrate pregnancy discrimination and retaliation include:

Rosario Juarez v. AutoZone Stores, Inc. (California, 2014)

Background: In one of the largest single-plaintiff employment verdicts in U.S. history, a jury found that AutoZone discriminated against Rosario Juarez because of her gender and pregnancy. After Juarez became pregnant in 2005, her district manager pressured her to step down from her role as store manager. Despite her strong performance, AutoZone demoted her in early 2006 and ultimately fired her in 2011 after an envelope of money went missing, a reason she argued was pretextual. Juarez filed a lawsuit, claiming gender and pregnancy discrimination as well as retaliation.

Outcome: The jury awarded her nearly $873,000 in compensatory damages for lost wages and emotional distress, and an additional $185 million in punitive damages to hold AutoZone accountable for its conduct. Juarez said the verdict wasn’t about the money; it was about teaching the company a lesson and preventing future mistreatment of women.

Chelsey Glasson v. Google (Washington, 2019–2022)

Background: Chelsey Glasson, a user researcher at Google, reported experiencing pregnancy discrimination and retaliation. After raising concerns about discriminatory comments and practices, she alleged that she received a negative performance review during her maternity leave and was offered a severance package contingent on signing a non-disclosure agreement. Glasson declined and filed a lawsuit against 

Outcome: In February 2022, Glasson and Google reached an undisclosed settlement. Her case highlighted challenges employees may face when reporting pregnancy discrimination in large corporations. 

What Should You Do If You’re Wrongfully Terminated?

If you believe you’ve been wrongfully terminated after maternity leave, take the following steps:

1. Start a Paper Trail

  • Keep emails, messages, and performance reviews.
  • Document when your leave began, when you returned, and all communications with HR or management.

2. Know Your Rights

  • Review your protections under federal family laws like the FMLA and ADA.
  • Some states offer broader protections under their own family and medical leave laws, particularly when it comes to pregnancy-related medical conditions or complications following childbirth.
  • Talk to an employment lawyer to understand whether your employer’s termination action violated the law.
  • Filing with the EEOC or a state agency can trigger an investigation and possibly lead to mediation, settlement, or legal proceedings.

4. Calculate the Impact

  • You may be eligible for emotional distress damages, lost wages, reinstatement, or even compensation for legal costs.

Special Considerations Under California and Nevada Law

Each state interprets and enforces its own employment and discrimination laws. Below, we highlight how these laws apply in California and Nevada.

California:

  • The California Family Rights Act (CFRA) and Fair Employment and Housing Act (FEHA) extend job protections beyond the federal FMLA.
  • Employers with just 5 employees must comply.
  • Employees returning from leave must be reinstated to their same position or one that’s comparable (Gov. Code § 12945.2).

Nevada:

  • Under Nevada’s Pregnant Workers’ Fairness Act (NRS 613.4353–613.4383), employers with 15 or more employees must provide reasonable accommodations for pregnancy, childbirth, or related conditions. The law prohibits employers from firing, demoting, or retaliating against workers for requesting these accommodations.

You Deserve Job Security, Not Retaliation

Being fired after maternity leave isn’t just unfair; it may be a violation of your legal rights. Federal and state laws exist to protect your job, your stability, and your future as a working parent. You have the right to return to work without facing discrimination, retaliation, or any adverse action simply because you took maternity leave.

If your employer fails to honor these protections, you may have legal grounds to pursue a claim depending on your case’s specific facts and evidence. The Bourassa Law Group advocates for pregnant workers and offers legal support to those facing potential violations of employment law, helping them pursue their rightful claims.

Don’t wait. Contact us today for a free consultation. Let us help you reclaim what’s rightfully yours.

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