Losing your job while caring for a new baby can turn an already demanding time into an immediate financial and legal concern. In Florida, an employee can be fired while on maternity leave for a legitimate reason unrelated to pregnancy, childbirth, or protected leave. However, if the termination is connected to your pregnancy, a related medical condition, or your use of legally protected leave, the employer may have violated federal or Florida law.
At BT Law Group, PLLC, we represent Miami employees who have been fired or treated unfairly during or after maternity leave. Miami discrimination attorneys Jason D. Berkowitz and Anisley Tarragona help employees determine whether a termination was based on a lawful business reason or pregnancy, childbirth, or protected leave. We also help clients understand their rights, filing deadlines, and options for pursuing a discrimination or leave-related claim.
This guide explains when a termination during maternity leave may be lawful, what can indicate pregnancy discrimination, the federal and Florida laws that may apply, important filing deadlines, and the damages an employee may be able to recover.
If you were fired while on maternity leave or shortly before returning to work, call BT Law Group, PLLC at (305) 507-8506 to discuss your situation.
Is It Legal to Fire an Employee on Maternity Leave?
An employer cannot fire an employee because of pregnancy or the use of protected leave. The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave. When the employee returns, the employer must restore the employee to the same position or an equivalent position with equivalent pay, benefits, and other employment terms.
To qualify for FMLA leave, an employee must work for a covered employer and meet three eligibility requirements:
- Have worked for the employer for at least 12 months
- Have worked at least 1,250 hours during the 12 months immediately before the leave begins
- Work at a location where the employer has at least 50 employees within 75 miles
Private-sector employers are covered by the FMLA if they employed at least 50 employees for 20 or more workweeks in the current or previous calendar year. Public agencies and public or private elementary and secondary schools are covered regardless of the number of employees.
Employees who do not qualify for FMLA leave can still have protections under Title VII and the Pregnancy Discrimination Act, the Pregnant Workers Fairness Act, the ADA, or the Florida Civil Rights Act. These discrimination and accommodation laws use different eligibility and employer coverage rules, so the absence of FMLA protection does not automatically leave an employee without legal protection.
Key Takeaway: Maternity leave does not prevent an employer from making a legitimate termination decision unrelated to pregnancy or protected leave. However, firing an employee because of pregnancy, childbirth, or the use of protected leave can violate federal or Florida law.
When Can a Florida Employer End Employment During Leave?
A Florida employer can end employment during maternity leave when the decision is based on a legitimate reason unrelated to the employee’s pregnancy or protected leave. Examples include:
- Layoffs or restructuring: The employee’s position or department is eliminated as part of a legitimate reduction in force that would have occurred regardless of the leave.
- Misconduct or policy violations: The employer discovers misconduct or a serious violation of workplace policies unrelated to the pregnancy or leave.
- Documented performance problems: The termination is based on performance issues that existed independently of the employee’s pregnancy or decision to take leave.
However, the reason given by the employer should be consistent with the available records. A layoff that disproportionately affects employees on leave, newly documented performance problems after a pregnancy announcement, or a changing explanation for the termination can raise questions about the employer’s actual reason for the decision.
What Signs Suggest Your Termination Was Discriminatory?
Certain circumstances can indicate that pregnancy or maternity leave influenced an employer’s decision to terminate an employee. Warning signs include:
- The termination occurred soon after you announced your pregnancy or close to your scheduled return date
- Your employer made negative comments about your pregnancy or leave
- Employees in similar positions who did not take leave were treated differently
- Your employer claimed your position was eliminated but later filled it with someone else
- The explanation for your termination changed over time
- You had positive performance reviews before announcing your pregnancy
These facts should be considered alongside the employer’s records, including performance reviews, staffing decisions, emails, and other communications related to your pregnancy or leave. No single factor proves discrimination on its own.
Key Takeaway: Suspicious timing, inconsistent explanations, different treatment of other employees, and pregnancy-related comments can provide evidence that a termination was discriminatory.
What Federal and Florida Laws Protect Employees During Pregnancy and Leave?
Federal and Florida laws provide different protections for employees during pregnancy, childbirth, and maternity leave. The law that applies depends on the reason for the termination, the employee’s circumstances, and the employer’s coverage under each statute.
Pregnancy Discrimination Act and Title VII
The Pregnancy Discrimination Act amended Title VII of the Civil Rights Act to prohibit discrimination based on pregnancy, childbirth, or related medical conditions. Covered employers cannot fire or otherwise discriminate against an employee because she is pregnant, has given birth, or has a related medical condition.
Americans with Disabilities Act
Pregnancy itself is not a disability under the Americans with Disabilities Act (ADA), but some pregnancy-related conditions can qualify as disabilities under 42 U.S.C. § 12112. In those situations, the ADA can require reasonable accommodations and prohibit discrimination based on the qualifying condition.
Pregnant Workers Fairness Act
The Pregnant Workers Fairness Act (PWFA) requires covered employers with 15 or more employees to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions unless the accommodation creates an undue hardship. An employer also cannot force an employee to take leave when another reasonable accommodation is available or retaliate against an employee for requesting or using an accommodation.
Florida Civil Rights Act
Florida Statutes § 760.10 prohibits covered employers from discriminating against an employee because of sex or pregnancy. The Florida Civil Rights Act covers employers with 15 or more employees for each working day in 20 or more calendar weeks in the current or preceding calendar year.
Key Takeaway: Different laws can protect an employee during pregnancy, childbirth, and maternity leave. Which protections apply depends on factors such as the employer’s size, the employee’s eligibility for protected leave, and the circumstances surrounding the termination.
What Evidence Supports a Pregnancy Discrimination Claim?
Evidence from before and after the termination can help show why the employer made its decision. Ask for a written explanation of the termination, including the reason and effective date, and keep records related to your pregnancy, leave, performance, and employment.
Important evidence can include:
- Emails and text messages about your pregnancy, leave, return date, or termination
- Performance reviews from before and after your pregnancy announcement
- Company policies on leave, reinstatement, layoffs, and reductions in force
- Comments made about your pregnancy or leave
- Records showing how employees in similar positions were treated
- Contact information for coworkers or other potential witnesses
If your employer gives you a severance agreement, review it carefully before signing because it can include a release of legal claims. Keep records you already possess or have a legal right to access, and do not take confidential or restricted company information. You should also write down important dates and events while they are still fresh.
How Do You File an EEOC or FCHR Discrimination Charge?
For claims under Title VII, the Pregnancy Discrimination Act, the ADA, or the PWFA, an employee can start the process by filing a charge with the Equal Employment Opportunity Commission (EEOC), including through its Public Portal. A claim under the Florida Civil Rights Act can be filed with the Florida Commission on Human Relations (FCHR). The charge identifies the employee and employer, describes the alleged discrimination, and provides key dates and other details.
The EEOC and FCHR have a work sharing arrangement, so a qualifying charge filed with one agency can also be filed with the other. In Florida, the deadline is 300 days from the discriminatory act for an EEOC charge and 365 days from the violation for an FCHR complaint.
FMLA interference and retaliation claims do not require an EEOC or FCHR charge before filing a lawsuit.
| Claim | Deadline to file an administrative charge | Deadline to file a lawsuit |
|---|---|---|
| Title VII and the Pregnancy Discrimination Act (EEOC) | 300 days from the adverse action | 90 days from the EEOC Notice of Right to Sue |
| Florida Civil Rights Act (FCHR) | 365 days from the violation under Fla. Stat. § 760.11 | Depends on the FCHR determination, an EEOC Notice of Right to Sue, and the deadlines under Fla. Stat. § 760.11 |
| FMLA interference or retaliation | None required | 2 years, or 3 years for a willful violation |
Federal Lawsuit Deadlines After an EEOC Charge
After the EEOC issues a Notice of Right to Sue, an employee has 90 days to file a Title VII lawsuit. Missing this deadline can prevent the employee from pursuing the federal claim in court.
Florida FCRA Lawsuit Deadlines
Under Florida Statutes § 760.11, effective July 1, 2026, the FCHR has 180 days to investigate a complaint and determine whether reasonable cause exists. If the FCHR finds reasonable cause, the employee can file a civil action or request an administrative hearing.
A civil action must be filed no later than one year after the FCHR’s reasonable cause determination or the EEOC’s issuance of a Notice of Right to Sue, whichever occurs first. If neither occurs within 180 days, § 760.11 provides additional filing periods based on the original complaint date and FCHR notices. A no-cause determination triggers a 35-day deadline to request an administrative hearing.
Discrimination Attorneys in Miami – BT Law Group, PLLC
Jason D. Berkowitz, Esq.
Jason D. Berkowitz is a founding partner of BT Law Group, PLLC and a Miami discrimination attorney representing employees in workplace disputes involving discrimination, retaliation, wrongful termination, harassment, and failure to accommodate. Before founding our firm, he was a partner at a national labor and employment law firm where he represented management, including Fortune 100 companies.
Mr. Berkowitz earned his J.D. cum laude from the University of Miami School of Law and is admitted to practice in Florida and before the U.S. District Courts for the Southern, Middle, and Northern Districts of Florida. He is also admitted to the U.S. Court of Appeals for the Eleventh Circuit and handles employment matters in federal and state courts, before administrative agencies, and in arbitration.
Anisley Tarragona, Esq.
Employees facing discrimination, retaliation, or wrongful termination are represented by Anisley Tarragona, a founding partner of BT Law Group, PLLC. Her practice includes claims under Title VII, the Americans with Disabilities Act, the Family and Medical Leave Act, and the Florida Civil Rights Act. Before co-founding BT Law Group, she represented management at a national labor and employment law firm in Miami.
A graduate of the University of Miami School of Law, Ms. Tarragona is admitted in Florida, all three U.S. District Courts in Florida, and the U.S. Court of Appeals for the Eleventh Circuit. She litigates employment disputes in federal and state courts and before administrative agencies and arbitration tribunals, and she is fluent in Spanish.
What Damages Can You Recover in a Miami Discrimination Case?
The compensation available after a discriminatory maternity leave termination depends on the law that was violated and the losses caused by the employer’s actions. Under Title VII, the Pregnancy Discrimination Act, and the Florida Civil Rights Act, available remedies can include:
- Back pay: Wages and employment benefits lost from the date of termination through the resolution of the claim
- Front pay: Future lost earnings when returning to the former position is not appropriate
- Reinstatement: Returning the employee to the position held before the unlawful termination
- Compensatory damages: Compensation for emotional distress and other nonfinancial harm caused by discrimination
- Punitive damages: Additional damages available in qualifying cases involving intentional discrimination
- Attorney’s fees and costs: Reasonable legal fees and litigation expenses awarded in a successful claim
The amount and types of damages depend on the statute involved. Federal law places caps on certain compensatory and punitive damages based on the employer’s size, while back pay and front pay are treated separately from those caps.
FMLA remedies are different because they focus primarily on financial losses caused by interference with or retaliation for protected leave. An employee can recover lost wages, salary, benefits, and other compensation, along with interest. The FMLA also provides for liquidated damages in qualifying cases, as well as attorney’s fees and costs. Courts can order equitable relief, including reinstatement or promotion, when appropriate.
What Must an Employee Prove in a Pregnancy Discrimination Claim?
To prove pregnancy discrimination, an employee needs evidence showing that pregnancy, childbirth, or a related medical condition played a role in the employer’s decision. Relevant factors include whether the employee was qualified for the position, suffered an adverse employment action such as termination, and has evidence connecting that action to pregnancy.
Evidence of discrimination can include suspicious timing, negative comments about pregnancy, changing explanations for the termination, or different treatment of similarly situated employees. An employee does not have to rely on one specific type of evidence to show discriminatory intent.
FMLA claims involve different requirements. An FMLA retaliation claim focuses on protected FMLA activity, an adverse employment action, and the connection between the two. An FMLA interference claim focuses on whether the employer denied or interfered with an FMLA right to which the employee was entitled.
Speak With a Miami Pregnancy Discrimination Attorney
Being fired during maternity leave can affect your income, benefits, and ability to return to work. Acting promptly can also be important because employment claims have strict filing deadlines and evidence can become harder to obtain over time.
Miami discrimination attorneys Jason D. Berkowitz and Anisley Tarragona represent employees in pregnancy, maternity leave, and retaliation claims. Our team reviews the reason given for the termination, employment records, communications, and leave timeline to determine which federal or Florida protections apply.
If you were fired during maternity leave or after requesting protected leave, call BT Law Group, PLLC at (305) 507-8506 to schedule a confidential case evaluation. We represent employees throughout Miami-Dade County and South Florida.
Frequently Asked Questions About Maternity Leave Terminations
Can my employer fire me just for taking maternity leave?
No. An employer cannot fire an eligible employee because she used protected FMLA leave or because of pregnancy, childbirth, or a related medical condition. However, maternity leave is not protected in every situation. An employer can terminate an employee for a legitimate reason unrelated to pregnancy or protected leave.
Does the FMLA guarantee my job back after leave?
Eligible employees at covered employers have the right to return to the same or an equivalent position after FMLA leave. However, the FMLA does not give an employee greater job protection than she would have had without taking leave. If the position would have been eliminated for an unrelated reason, the employer does not have to restore the employee to that position.
Can I still have a claim if my employer says the firing was unrelated to my pregnancy?
Yes. The employer’s explanation can be compared with performance records, the timing of the termination, workplace communications, and the treatment of other employees. A changing explanation or one that conflicts with the employer’s records can provide evidence of discrimination.
How long do I have to file an EEOC or FCHR charge?
In Florida, an EEOC discrimination charge must be filed within 300 days of the discriminatory act. An FCHR complaint must be filed within 365 days of the violation under Florida Statutes § 760.11. Missing an applicable deadline can prevent an employee from pursuing the claim.
Does replacing me during leave mean my termination was illegal?
No. A replacement alone does not prove that a termination was unlawful. However, if an employer claims the position was eliminated and then hires someone else to fill it, that inconsistency can support a discrimination claim.
Can I go straight to court instead of filing with the EEOC?
For an FMLA interference or retaliation claim, an employee does not have to file an administrative charge with the EEOC or FCHR before going to court. Title VII, PWFA, ADA, and Florida Civil Rights Act claims require employees to complete the applicable administrative process before filing a lawsuit.
