You’ve just welcomed your new baby, and you’re adjusting to life as a parent on maternity leave. Then the phone rings—it’s your boss telling you not to come back. Being fired during maternity leave is not only devastating but might also be illegal.
At BT Law Group, we’ve helped many Florida employees who’ve faced this exact situation. While employers can sometimes legally terminate employees on leave, in many cases, these firings violate federal and state laws that protect new parents.
Does FMLA Protect You From Being Fired?
The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave. This federal law applies to:
- Employees who have worked for their employer for at least 12 months
- Employees who have worked at least 1,250 hours during the previous year
- Companies with 50 or more employees within a 75-mile radius
Under FMLA, your employer must restore you to your original position or an “equivalent position” with equivalent benefits, pay, and other terms when you return from leave.
But here’s the catch: while FMLA protects your job from termination because of your leave, it doesn’t provide absolute immunity from being fired while on leave.
When Termination During Maternity Leave May Be Legal
Your employer can legally terminate your employment while you’re on maternity leave if:
- You would have been terminated regardless of taking leave – For example, if your entire department is eliminated in a company-wide restructuring
- Your employer discovers misconduct – If your employer uncovers serious performance issues or policy violations unrelated to your leave
- Your position no longer exists – If business conditions change and your position is eliminated for legitimate reasons that would have affected you even if you weren’t on leave
Signs Your Termination May Be Unlawful
Not all terminations during maternity leave are lawful. Watch for these red flags that might indicate your firing violated the law:
- Timing is suspiciously close to your leave announcement or return date
- Your employer made negative comments about your pregnancy or leave
- Similarly situated employees who didn’t take leave weren’t fired
- Your position was filled by someone else rather than eliminated
- The company’s explanation for your termination keeps changing
- You received positive performance reviews before announcing your pregnancy
What Laws Protect You Besides FMLA?
Beyond FMLA, several other laws may protect you if you’re fired during maternity leave:
Pregnancy Discrimination Act (PDA)
This federal law prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Your employer cannot fire you because you’re pregnant or have given birth.
Title VII of the Civil Rights Act
This law prohibits sex discrimination, which includes discrimination based on pregnancy, childbirth, and related medical conditions.
Americans with Disabilities Act (ADA)
Pregnancy-related conditions may qualify as temporary disabilities requiring reasonable accommodation.
Florida Civil Rights Act
State law provides additional protections against pregnancy discrimination for Florida employees.
Steps to Take If You’re Fired During Maternity Leave
If you’ve been terminated while on maternity leave, take these important steps:
1. Consult an Employment Attorney
An experienced employment attorney can evaluate whether your termination was lawful and advise you on the best course of action.
2. Get the Termination Details in Writing
Request a written explanation for your termination, including the specific reason and effective date. This documentation will be crucial evidence if you pursue legal action.
3. Gather and Preserve Evidence
Collect all relevant documents, including:
- Email communications about your leave and termination
- Performance reviews and evaluations
- Company policies regarding leave
- Any comments made about your pregnancy or leave
- Contact information for potential witnesses
4. Don’t Sign Anything Immediately
If your employer presents you with a severance agreement, don’t sign it right away. These agreements often contain a general release or waivers of your legal rights. Have an attorney review it first.
Legal Options If You Were Wrongfully Terminated
If you were illegally fired during maternity leave, you may have several legal options:
File an EEOC Complaint
Before filing a lawsuit for discrimination, you must first file a charge with the Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations (FCHR). There are strict deadlines for filing these charges—typically 300 days from the discriminatory act for EEOC claims.
File a Lawsuit
If the EEOC or FCHR investigation does not resolve your case, you may file a lawsuit against your employer. However, if your claim is based on violations of the Family and Medical Leave Act (FMLA), you are not required to file a complaint with the EEOC or FCHR first—you can go directly to court.
Potential damages in an employment lawsuit may include:
- Back pay (wages and benefits you would have earned)
- Front pay (future wages if reinstatement is not feasible)
- Emotional distress damages
- Punitive damages (in cases involving intentional discrimination)
- Attorney’s fees and court costs
Proving Wrongful Termination During Maternity Leave
To win a case for wrongful termination during maternity leave, you typically need to demonstrate:
- You were eligible for and took protected leave
- You suffered an adverse employment action (termination)
- There’s a causal connection between your leave and termination
Evidence that can help establish this connection includes:
- Suspicious timing
- Inconsistent explanations for termination
- Replacement by non-pregnant employees
- Negative comments about pregnancy or maternity leave
- More favorable treatment of employees who didn’t take leave
Common Employer Defenses—And How to Counter Them
Employers typically defend terminations during maternity leave with these arguments:
“Business Necessity”
Employers often claim the termination was due to downsizing, restructuring, or other business needs. To counter this, look for evidence that:
- Only employees on leave were affected
- Your position was quickly filled by someone else
- The financial justification doesn’t add up
“Performance Issues”
Another common defense is claiming the termination was based on performance problems. This can be countered by:
- Positive performance reviews before pregnancy announcement
- Lack of documentation of performance issues
- Inconsistent application of performance standards
Protect Your Rights After Being Fired on Maternity Leave
Being fired during maternity leave is extremely stressful, especially when you’re already adjusting to life with a new baby.
At BT Law Group, our employment attorneys help Florida employees who were wrongfully terminated during maternity leave. We understand the nuances of federal and state employment laws and how to build a strong case for wrongful termination.
If you’ve been fired during maternity leave, contact us for a consultation. We’ll evaluate your situation, explain your legal options, and fight to protect your rights.
