Fired While on Maternity Leave? You Might Have a Case

The phone call came while Sarah was nursing her two-week-old daughter. Her supervisor’s voice was apologetic but firm: “Due to restructuring, we’re eliminating your position.” Just like that, Sarah joined thousands of California mothers who’ve been fired while on maternity leave—stunned, scared, and unsure of their rights.

If you’ve been terminated during maternity leave, you’re likely experiencing a whirlwind of emotions: shock, anger, fear about your family’s financial future, and confusion about whether your employer’s actions were legal. The truth is, being fired while on maternity leave often violates California’s robust employment protections, and you may have grounds for a significant legal claim.

California’s Strong Protections for Mothers on Leave

California provides some of the nation’s strongest protections for pregnant employees and new mothers. These protections stem from multiple overlapping laws designed to ensure that women don’t face employment discrimination due to pregnancy or childbirth.

The California Fair Employment and Housing Act (FEHA)

Under FEHA (Government Code Section 12940), employers with five or more employees cannot discriminate against workers based on pregnancy, childbirth, or related medical conditions. This protection extends throughout pregnancy and maternity leave, making it illegal to:

• Terminate an employee because of pregnancy or maternity leave
• Refuse to reinstate an employee returning from protected leave
• Treat employees on maternity leave less favorably than other employees on medical leave
• Retaliate against employees for taking pregnancy-related leave

Pregnancy Disability Leave (PDL) Protection

California’s Pregnancy Disability Leave law (Government Code Section 12945) provides up to four months of job-protected leave for pregnancy-related disabilities. During PDL:

• Your employer must hold your position or offer a comparable one upon return
• Your health benefits must continue under the same terms
• You cannot be terminated for exercising your PDL rights
• Your employer must reasonably accommodate pregnancy-related conditions

California Family Rights Act (CFRA) Coverage

Following PDL, new mothers may be eligible for an additional 12 weeks of CFRA leave for baby bonding. As of 2021, CFRA applies to employers with just five employees, significantly expanding protection for California workers. During CFRA leave, you maintain the same job protection and benefit continuation rights.

When Termination During Maternity Leave Is Illegal

While California follows at-will employment principles, firing someone while on maternity leave raises immediate red flags about potential discrimination. Your termination may be illegal if:

1. The Timing Suggests Discrimination

Courts recognize that discriminatory intent often hides behind seemingly legitimate business reasons. Suspicious timing includes:

• Termination shortly after announcing pregnancy
• Job elimination during or immediately before planned leave
• Sudden “performance issues” arising only after pregnancy disclosure
• Being fired while on approved maternity leave when no issues existed before

2. Similarly Situated Employees Were Treated Differently

If your employer retained employees who weren’t pregnant or on leave while terminating your position, this differential treatment may evidence discrimination. Key comparisons include:

• Non-pregnant employees in similar roles kept their jobs
• Employees on other medical leaves weren’t terminated
• Your duties were redistributed to remaining staff rather than eliminated
• The company hired someone to fill your “eliminated” position

3. Pretextual Reasons for Termination

Employers often cite legitimate-sounding reasons to mask discriminatory terminations. Common pretexts include:

• “Restructuring”: While companies can reorganize, eliminating only positions held by pregnant women or those on maternity leave suggests discrimination
• “Performance Issues”: Sudden performance concerns arising only after pregnancy announcement, especially without prior documentation
• “Budget Cuts”: Selective cost-cutting that disproportionately affects pregnant employees or new mothers
• “Job Abandonment”: Claiming you failed to return when you’re still within your protected leave period

4. Retaliation for Exercising Rights

Under Labor Code Section 1102.5 and FEHA, employers cannot retaliate against employees for:

• Requesting pregnancy accommodations
• Taking legally protected leave
• Complaining about pregnancy discrimination
• Supporting another employee’s pregnancy-related complaint

Building Your Wrongful Termination Case

If you’ve been fired while on maternity leave, taking immediate action strengthens your potential case:

Document Everything

• Save all communications: Emails, texts, voicemails, and written notices regarding your pregnancy, leave, and termination
• Create a timeline: Document when you announced your pregnancy, requested leave, began leave, and were terminated
• Gather performance records: Collect positive performance reviews, awards, or commendations predating your pregnancy
• Identify witnesses: Note colleagues who can attest to your work performance or discriminatory comments

Request Your Personnel File

Under Labor Code Section 1198.5, you have the right to inspect and copy your personnel records. Request these immediately, as they may contain:

• Performance evaluations
• Disciplinary records (or lack thereof)
• Communications about your termination
• Evidence supporting or contradicting your employer’s stated reasons

File Administrative Complaints Promptly

Time limits apply to discrimination claims:

Civil Rights Department (CRD) Complaint: You have three years from the termination to file with California’s CRD. However, filing promptly preserves evidence and witness memories.

EEOC Complaint: For federal claims, you typically have 300 days to file with the Equal Employment Opportunity Commission.

Understand Your Potential Damages

Successful pregnancy discrimination claims can result in significant recovery:

• Back Pay: Lost wages from termination until resolution
• Front Pay: Future lost earnings if reinstatement isn’t feasible
• Benefits: Value of lost health insurance, retirement contributions, and other benefits
• Emotional Distress: Compensation for anxiety, depression, and other psychological impacts
• Punitive Damages: Additional damages to punish particularly egregious conduct
• Attorney’s Fees: Your employer may be required to pay your legal costs

Common Employer Defenses and How to Counter Them

Employers typically assert business-related defenses to justify terminations during maternity leave. Understanding these helps you prepare your case:

“Legitimate Reorganization”

Employer’s Claim: The company restructured, eliminating multiple positions.

Your Counter:

• Show that mainly pregnant women or those on leave were affected
• Demonstrate your duties still exist, just redistributed
• Prove the company hired replacements for “eliminated” positions
• Document that reorganization plans arose suspiciously close to your leave

“Performance-Based Termination”

Employer’s Claim: Performance issues predated the pregnancy.

Your Counter:

• Present positive performance reviews before pregnancy
• Show lack of progressive discipline typically required
• Demonstrate performance concerns were never formally documented
• Prove similar performance by non-pregnant employees was tolerated

“Economic Necessity”

Employer’s Claim: Financial constraints required workforce reduction.

Your Counter:

• Evidence the company was hiring in other areas
• Show pregnant employees were disproportionately selected
• Demonstrate your salary wasn’t significant to overall budget
• Prove the company’s financial position wasn’t as claimed

What to Do Right Now

If you’ve been fired while on maternity leave, don’t wait to protect your rights:

1. Don’t Sign Anything Without Review

Employers often present severance agreements with broad release clauses. Before signing:

• Have an attorney review all documents
• Understand what rights you’re waiving
• Negotiate better terms if possible
• Remember you have 21 days to consider most severance agreements

2. File for Unemployment Benefits

While pursuing your discrimination claim:

• Apply for unemployment insurance immediately
• Document if your employer contests benefits
• Use employer’s stated termination reason in your discrimination case

3. Maintain Your Health Insurance

• Understand your COBRA rights for continued coverage
• Document the cost burden of maintaining benefits
• Include insurance costs in your damage calculations

4. Consult an Employment Attorney

An experienced employment lawyer can:

• Evaluate your case’s strength
• Calculate potential damages
• Handle employer negotiations
• File necessary complaints and lawsuits
• Maximize your recovery

No new mother should face the additional stress of job loss during what should be a joyful time. California’s strong anti-discrimination laws prevent employers from penalizing women for having children.

If you’ve been fired while on maternity leave, don’t assume it was legal just because your employer cited business reasons. Discrimination often hides behind seemingly legitimate explanations. You have the right to challenge your termination and seek justice.

At TONG LAW, we represent employees in discrimination and wrongful termination cases throughout California. We are committed to holding employers accountable for violating maternity leave protections.

Time limits apply to all employment claims. The sooner you act, the stronger your case. Contact us today for a confidential consultation about your termination during maternity leave.