Wrongfully Terminated During Maternity Leave

It can be very distressing to have your job terminated while on maternity leave, especially when the termination is linked to your pregnancy or a condition related to it. You have rights in the workplace and you should not have to feel like your employer is ignoring those laws. An employment lawyer can review the details of your case and determine if you have any legal grounds to file a claim.

The answer to this question is a little bit complicated, depending on the circumstances and the law in your state. However, in general, an employer cannot fire an employee while the employee is on maternity or family leave. This is because federal and state laws prohibit discrimination based on an employee’s pregnancy, childbirth, or a medical condition that stems from pregnancy.

Pregnancy can be a time of excitement and joy for many new mothers, but it’s also a time that’s potentially fraught with conflict and worry. Many employers are not pleased when they learn that an employee is pregnant because it means they will need to take off work for several months and then may require extra accommodations upon returning from maternity leave. Some employers may even attempt to fire the employee or get them to quit before the baby is born.

Can an Employee Be Wrongfully Terminated During Maternity Leave?

According to Ryan Park, an employment attorney at the firm Boies, Schiller & Flexner LLP, it is illegal for an employer to terminate an employee during a period of leave, including maternity leave, if that wrongful termination is motivated by a discriminatory motive. In fact, he says, it is “almost always” a violation of the law to fire an employee because of a protected trait.

He adds that an employer can legally dismiss an employee if the company has good cause to do so. This could include the company needing to downsize its workforce or if the employee was terminated for performance reasons that had been documented and for which the worker had been warned.

Another circumstance when an employee could be wrongfully fired while on maternity leave is when they request a reasonable accommodation, such as a flexible schedule or the ability to pump during work hours, and their employer refuses to grant the request. This could be a violation of federal and state anti-discrimination laws.

It’s important to note that an employer does not have to reinstate employees who return from maternity or family leave, but it is generally required to offer them the same position they held before they went on leave. An employment attorney can help you examine the details of your situation and determine if you have a case for wrongful termination after maternity leave or FMLA leave. They can help you file a claim for compensation, such as lost wages and legal fees and damages for emotional distress. To get started, use our Find a Lawyer tool to connect with an experienced employment attorney near you.