Fired While on Maternity Leave in California: Do I Have a Case?

Being fired at any time can be stressful, emotional, and life-changing. However, if you are promised job protection while on maternity leave but are fired instead, the situation may feel unmanageable. There are several things you can do if you are fired while on maternity leave in California, and a wrongful termination attorney can help you along the way.

Briana Kim, PC, is a law firm that gets results. Our firm goes above and beyond to ensure our clients receive the attentive representation they deserve. If you are battling a maternity leave case, you do not have to do it alone. Our team brings the knowledge, skills, and experience needed for a successful claim.

California Maternity Leave Laws

California has some of the most robust employment laws in the nation, including both maternity and paternity leave laws. While some states offer meager or no paid maternity leave, California offers both paid and unpaid maternity and paternity leave. This leave is protected, meaning you can return to work afterwards as long as the position still exists.

In California, pregnant women are entitled to 12 weeks of unpaid leave under the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). In addition to CFRA, California offers partially paid family leave benefits (PFL) for up to 8 weeks for eligible mothers to bond with their new babies. Pregnant women are eligible for CFRA if:

• Their employer has five or more employees.
• They have worked for their employer for over 12 months.
• They have worked at least 1,250 hours for their employer before the date of leave.

Under California law, it is illegal for an employer to fire a woman for getting pregnant or for taking time off work for childbirth-related reasons. Moreover, a woman is required to be reinstated to her previous or comparable position within two days of being notified of her return if the position still exists.

Violating California maternity laws can result in a range of consequences, such as loss of wages or back pay, damages, emotional distress, reinstatement (if the position still exists), and attorney fees.

In addition to FMLA, women disabled by pregnancy can take paid disability leave under the Fair Employment and Housing Act (FEHA), both before and after pregnancy. Employees should notify their employers at least 30 days in advance of requested leave. Your lawyer can help you better understand your PDL rights should you require them.

How to Know if You Have a Maternity Leave Case

If you are fired while on maternity leave, it may be difficult to know whether or not you have a case. This is because it is hard to determine if you were fired because you were on maternity leave or in addition to being on maternity leave.

Although California requires employers to reinstate pregnant women to their previous positions, this does not apply to layoffs. The position must still exist in order for reinstatement to occur.

Being unfairly fired while on maternity leave can lead to a wrongful termination case. In California, wrongful termination means firing an employee for unlawful reasons such as violations of employment policy, in retaliation for refusing to violate a law, for refusing inappropriate sexual advances, and as retaliation for work-related discrimination, including pregnancy discrimination.

Your lawyer can inform you if you have a case. Common signs of wrongful termination include:

• Your employer is firing you soon after you take leave
• Your employer is making discriminatory remarks about your pregnancy
• Denial of benefits or promotions after your pregnancy
• Receiving sudden, unfair, and negative reviews about your performance
• Your employer is providing false reasons about why you were terminated

If you think you have a strong case, it is important to document everything. Keep any former communication surrounding the incident. The more documentation you have, the stronger your case.

When to Hire a Wrongful Termination Lawyer

Once you have collected your documentation, you should promptly contact a lawyer. Your lawyer can help you file a formal complaint with an agency like the California Civil Rights Department, as well as represent you in front of a jury or arbitrator if necessary.

Fighting your case alone may result in errors in documentation, legal mistakes, or missed deadlines. Any misstep can cost you the settlement you deserve to take care of yourself and your family.

FAQs

Can You Be Fired on Maternity Leave in California?

Yes, you can be fired on maternity leave in California, but you cannot be fired because you are on maternity leave. California strongly prohibits pregnancy and pregnancy-related discrimination, including firing a woman because she is exercising her right to take maternity leave. However, if your employer has a company-wide layoff or if they can prove poor performance, they may be able to lawfully terminate you.

What Are the Maternity Leave Laws in California?

In California, two main laws cover maternity leave: FMLA/CFRA and paid disability leave (PDL) under the Fair Employment and Housing Act (FEHA). Under CFRA, employers are required to provide 12 weeks of unpaid, job-protected leave for reasons related to childbirth, including pregnancy. Under PDL, employers must also offer leave for mothers disabled by pregnancy.

How Much Is My Pregnancy Discrimination Case Worth if I am Wrongfully Terminated?

How much your pregnancy discrimination case is worth if you are wrongfully terminated varies based on the situation. For example, if you have a complex case in which you suffered severe loss upon being fired, your settlement may be significant. However, this is all determined by factors such as the quality of your evidence, the administrative agency you file with, your employer, and the skill and experience of your lawyer.

Is Being Fired on Maternity Leave Wrongful Termination?

Sometimes, being fired while on maternity leave is a form of wrongful termination in California. California has strict laws against all forms of wrongful termination, including pregnancy discrimination. Wrongful termination claims can result in the recovery of lost wages, emotional distress, reinstatement, recovering attorney fees, and other expenses related to your case. However, not everyone who is fired while pregnant is fired unlawfully.

Contact a Lawyer to Help with Your Maternity Leave Case

Motherhood should be a beautiful moment in a mother’s life, and taking maternity leave can assist mothers on their journey. Therefore, if you believe you were wrongfully terminated while on maternity leave, do not hesitate to contact Briana Kim, PC, today.

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Long Beach, CA 90802

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La Palma, CA 90623