In most cases, it is illegal for an employer to fire an employee because they are on maternity leave. California law specifically prohibits termination based on pregnancy, maternity leave, or any related conditions. Employers are required to accommodate employees during this period and must hold their position or a comparable one until they return. If you think you’ve been wrongfully terminated while on maternity leave, call our Los Angeles wrongful termination attorneys for a free consultation today.
Understanding Maternity Leave Laws in California
California offers comprehensive maternity leave protections, which include:
California Family Rights Act (CFRA)
Under CFRA, eligible employees can take up to 12 weeks of unpaid, job-protected leave to bond with a new child, whether through birth, adoption, or foster care placement.
Pregnancy Disability Leave (PDL)
California law allows up to 4 months (approximately 17 weeks) of job-protected leave for employees unable to work due to pregnancy, childbirth, or related medical conditions.
Family and Medical Leave Act (FMLA)
This federal law provides up to 12 weeks of unpaid leave for eligible employees to care for a newborn or recover from childbirth. FMLA works alongside CFRA in California to protect employee rights.
These laws ensure that eligible employees can return to the same or a comparable position after their leave, with their benefits and seniority intact. California law also protects employees from retaliation or discrimination related to their maternity leave. Retaliation occurs when an employer punishes an employee for exercising their legal rights, such as taking leave under CFRA or PDL. Examples of workplace retaliation include termination, demotion, reduction in hours, or negative performance reviews.
When Can an Employer Fire an Employee on Maternity Leave?
An employer can terminate an employee on maternity leave under certain conditions, as long as the reason is unrelated to the employee’s pregnancy or leave status. For example:
- Company-Wide Layoffs: If the employer is undergoing restructuring or mass layoffs and the termination affects multiple employees regardless of their leave status, the dismissal may be lawful.
- Legitimate Performance Issues: If there is clear documentation of performance problems unrelated to pregnancy or maternity leave, an employer may terminate the employee.
- Misconduct: Termination for serious misconduct, such as violating company policies or engaging in fraudulent activity, is allowed.
- End of Employment Contract: If the employee was hired on a temporary or fixed-term contract that expires during their leave, the employer is not obligated to renew it.
It is essential for the employer to provide evidence that the termination was unrelated to maternity leave. Otherwise, firing an employee during or shortly after maternity leave could lead to claims of pregnancy discrimination or retaliation.
Steps to Take if You Are Fired While on Maternity Leave
If you believe you were terminated because of your maternity leave, you may have grounds to file a claim for wrongful termination or discrimination under California’s Fair Employment and Housing Act (FEHA) or federal laws like the Pregnancy Discrimination Act. Consider taking the following steps:
Document Everything
Keep records of your maternity leave approval, any communication with your employer, and any notices or explanations provided about your termination.
Request a Written Explanation
Ask your employer for a written explanation of the reasons for your termination.
Consult an Employment Attorney
Speak with a trusted Los Angeles employment lawyer who can evaluate whether your termination violated state or federal laws.
File a Complaint
If your attorney believes you have a valid claim, you can file a complaint with the California Civil Rights Department (CRD, formerly DFEH) or the Equal Employment Opportunity Commission (EEOC).
Consider Legal Action
In cases of wrongful termination or discrimination, you may be able to file a lawsuit seeking compensation for lost wages, emotional distress, and other damages. Contact Yadegar, Minoofar, Soleymani LLP’s experienced wrongful termination lawyers in Los Angeles at (310) 499-0140.