Can You Get Laid Off While on Maternity Leave?

If someone has just welcomed a baby, it’s easy become caught up in sleepless nights, diaper changes, and figuring out a new routine. The last thing one might expect is to receive notice that their position has been “eliminated.”

Can an employer really lay off employees while on maternity leave?

The short answer: sometimes—but not always.

The law does protect employees on maternity or parental leave, but those protections have limits. Whether a layoff is legal depends on why it happened, how it was handled, and what evidence exists to show the employer’s true motives.

Understanding Your Rights During Maternity Leave in California

When it comes to maternity leave or paternity leave, California has some of the most comprehensive legal protections and relevant laws in the U.S. To understand whether an employer violated the law to fire employees, it’s important to know what kind of leave the employee was on and what that leave protects.

Maternity Leave Laws in California

Several laws overlap to provide job-protection/job security and maternity benefits for pregnant employees, childbirth, and bonding time:

1. Pregnancy Disability Leave (PDL):
   Under California’s Fair Employment and Housing Act (FEHA), employees are entitled to up to four months (roughly 17.3 weeks) of unpaid, job-protected leave if they are disabled by pregnancy, childbirth, or related medical conditions.
   • Applies to employers with five or more employees.
   • During PDL, an employer must maintain the employee’s health insurance at the same level as if they were working.
   • When your PDL ends, the employer must return the employee to the same, or a comparable, position.
2. California Family Rights Act (CFRA):
   After PDL ends, eligible employees may qualify for additional protections: up to 12 additional weeks of baby-bonding leave under CFRA.
   • Applies to employers with five or more employees.
   • Available to both parents, regardless of gender.
   • CFRA leave is also job-protected, meaning an employer must reinstate an employee after their leave ends, unless a legitimate business reason prevents it (like a company-wide layoff).
3. Family and Medical Leave Act (FMLA):
   At the federal level, the FMLA provides up to 12 weeks of unpaid, job-protected FMLA leave for qualifying reasons: including the birth or adoption of a child.
   • Applies to employers with 50 or more employees within a 75-mile radius.
   • Employees must have worked at least 1,250 hours over the previous 12 months.

Many employees in California qualify for both FMLA and CFRA, but the leaves often run concurrently (meaning they overlap rather than add up).

4. Paid Family Leave (PFL):
   This isn’t a separate right to time off, but a state benefit program through the Employment Development Department (EDD) that provides partial wage replacement during your bonding leave.

What Is “Protected Leave”?

“Protected leave” means an employer can’t fire, demote, or penalize someone for taking time off that they’re legally entitled to under PDL, CFRA, or FMLA. The job (or an equivalent one) should be waiting for the employee when they return.

However, protected leave doesn’t make employees immune from all employment actions. If a position is eliminated for legitimate, business-related reasons, the employer may still conduct a layoff if it’s not related to your leave or pregnancy, of which severance pay or a severance package could be given.

Employer Obligations During Maternity Leave

During protected leave, an employer must:

• Continue group health benefits as if the employee were actively employed.
• Not count leave against the employee in performance evaluations or attendance policies.
• Reinstate the employee to their same, or comparable, position after leave ends.
• Avoid retaliating against employees for requesting or taking leave.

Failure to meet these obligations can trigger legal consequences.

Can You Be Fired While on Maternity Leave?

What happens when a “legitimate business reason” seems a little too convenient? Here’s where the law draws a fine line between a lawful layoff and illegal discrimination.

When Is Termination Illegal?

If an employer fires or lays an employee off while they’re on maternity leave, the law assumes there’s a potential for discrimination or retaliation.

Under California’s FEHA, New York’s Human Rights Law (NYSHRL), and Washington’s Law Against Discrimination (WLAD), it is unlawful to terminate an employee because of:

• Pregnancy or childbirth;
• A pregnancy-related medical condition;
• The need for or use of maternity leave; or
• The perception that they might need future accommodations.

If any of those factors played into the employer’s decision, even partially, the termination could be illegal.

Common examples of unlawful behavior include:

• A supervisor making comments like, “We need someone who can be here full-time.”
• The company filling a role permanently before the protected leave ends.
• Being excluded from important projects or communications after announcing pregnancy.
• HR claiming the job was “eliminated,” but then rehiring for the same position under a different title.

Even subtle forms of bias, like assuming an employee might be “less committed” after having a child, can constitute pregnancy discrimination if they influence employment decisions.

When Termination Might Be Legal

An employee can be legally laid off on maternity leave if the decision is unrelated to pregnancy or leave.

• A company-wide downsizing that affects multiple positions.
• The elimination of an entire department for financial or operational reasons.
• The closure of a business location.

However, the employer must be able to prove that the layoff decision was legitimate, well-documented, and not targeted toward employees on leave.

How to Spot Maternity Leave Discrimination

Watch for these warning signs:

1. Timing:
   The termination occurred right after pregnancy or requested leave was announced.
2. Inconsistent Explanations:
   Management can’t clearly explain why an employee’s position was selected for elimination.
3. Unequal Treatment:
   Other employees in similar roles weren’t laid off, or were given reassignment options, but specific ones weren’t.
4. Replacement Hiring:
   The company hires someone new to perform the same duties under a different title.
5. Pattern of Behavior:
   The employer has a history of sidelining or firing women after maternity leave.

If any of these red flags apply, it’s time to document everything and seek legal advice from an experienced employment lawyer.

State-Specific Considerations

A local attorney can help explain state and federal laws to ensure anyone laid off during maternity leave still has legal rights. States have legal requirements that need to be upheld.

• California: Employers are strictly prohibited from retaliating against employees who use PDL or CFRA leave. Even “restructuring” used to mask discrimination can lead to significant liability.
• New York: The NYSHRL protects against pregnancy and caregiver discrimination, and New York Paid Family Leave (NYPFL) provides additional bonding protections.
• Washington: The Washington Family Leave Act (WFLA) and Paid Family and Medical Leave (PFML) offer strong reinstatement rights, and retaliation for using them is illegal.

In all three states, the burden of proof often shifts to the employer once there’s evidence suggesting that leave played a role in termination.

What to Do If You Were Fired on Maternity Leave

1. Take Immediate Steps to Preserve Rights

If an employee was laid off or fired during or after maternity leave, they should:

• Ask for clarification in writing. Request a written explanation of the reason for the termination and whether it’s part of a larger layoff.
• Document everything. Save all emails, performance reviews, HR communications, and company announcements.
• Request a personnel file. In California and Washington, employees have a right to access it under state law.
• Note the timeline. Write down when the leave was announced, when they requested leave, and when they were terminated.

Having clear documentation will be critical for any future complaint or legal claim.

2. File a Complaint

Depending on location, employees can file a discrimination or retaliation complaint with one or more of the following agencies:

• California:
  • California Civil Rights Department (CRD) (formerly DFEH)
  • U.S. Equal Employment Opportunity Commission (EEOC)
• New York:
  • New York State Division of Human Rights (NYSDHR)
  • EEOC
• Washington:
  • Washington State Human Rights Commission (WSHRC)
  • EEOC

These agencies investigate workplace discrimination and can issue “right to sue” letters, which allow employees to bring their claim in court.

Filing deadlines vary by jurisdiction, but waiting too long can forfeit rights.

3. Consult with an Employment Attorney

Employment law is complex, especially when it involves overlapping state and federal leave protections. An experienced employment lawyer can:

• Evaluate whether a termination violated the law;
• Gather and preserve evidence (emails, HR statements, comparative data);
• Handle communications with an employer or government agency;
• Negotiate a settlement or file a wrongful termination or discrimination lawsuit.

In many states, legal counsel can help courts award employees compensation for:

• Lost wages and benefits (back pay and front pay)
• Emotional distress
• Attorney’s fees and costs
• Punitive damages (in cases of willful or egregious misconduct).

4. How to Protect Your Career and Emotional Wellbeing

Being fired during maternity leave can shatter confidence and create deep stress, so it’s important to take steps to safeguard an employee’s long-term career:

• Seek written references from trusted managers or colleagues before word spreads.
• Apply for unemployment benefits if the termination wasn’t the employee’s fault.
• Explore job retraining or career coaching programs.
• Prioritize mental health. Postpartum stress combined with employment loss can take a toll; consider counseling or support groups for working parents.

5. When to Take Legal Action

If someone believes your maternity leave or pregnancy was a factor in their termination, don’t wait. Time limits for filing claims are short, and early legal advice can strengthen your case.

An employee may have grounds for a wrongful termination, pregnancy discrimination, or retaliation claim. In many cases, simply having an employment attorney intervene can lead to a resolution, whether it’s reinstatement, severance, or monetary compensation.

Call Lawyers for Justice, P.C. for a free consultation. (818) JUSTICE.