Updated December 22, 2025
How to Protect Your Rights When Fired While on Maternity Leave in California
Being fired while on maternity leave can feel like a devastating blow at what should be a joyful time in your life. Unfortunately, this happens more often than you might think, with many California employers wrongfully terminating new mothers despite strong legal protections.
When you're suddenly faced with job loss during this vulnerable period, understanding your rights becomes crucial. California offers some of the strongest protections for new parents in the nation through laws like the Family and Medical Leave Act, California Family Rights Act, and Pregnancy Disability Leave provisions.
Despite these protections, determining whether your termination was legal can be complicated. If you've been fired while on maternity leave, you need to know if your employer violated the law and what steps to take immediately to protect your rights.
This guide will walk you through your legal protections in California, help you recognize signs of illegal termination, outline immediate actions to take after being fired, and explain your options for legal recourse. Your employer's actions may have been unlawful, and you deserve to understand all your options for seeking justice.
Know Your Legal Rights in California
California provides multiple layers of protection for pregnant employees and new parents through overlapping federal and state laws. Understanding these protections is essential if you've been fired while on maternity leave.
Family and Medical Leave Act (FMLA)
This federal law provides eligible employees with up to 12 weeks of unpaid, job-protected leave within a 12-month period. To qualify, you must work for an employer with at least 50 employees within a 75-mile radius and have worked at least 1,250 hours during the previous year. FMLA can be used for pregnancy-related conditions or bonding with a newborn.
Importantly, employers cannot shorten your leave or terminate you for taking FMLA leave. Additionally, your employer must inform you of your FMLA rights if you provide information indicating you need this type of leave. Failing to notify you of these rights may constitute an FMLA violation.
California Family Rights Act (CFRA)
CFRA offers broader coverage than FMLA. Since January 2021, this law applies to employers with just 5 or more employees. Like FMLA, eligible employees can take up to 12 weeks of unpaid, job-protected leave, but CFRA has some key differences.
Unlike FMLA, CFRA leave does not get used during pregnancy disability leave. This means you can take both leaves consecutively—PDL first, followed by CFRA for bonding time. Furthermore, CFRA covers registered domestic partners, whereas FMLA does not.
Pregnancy Disability Leave (PDL)
PDL allows up to four months (17 1/3 weeks) of job-protected leave per pregnancy for employees disabled by pregnancy, childbirth, or related medical conditions. For a full-time employee working 40 hours weekly, this equals 693 hours of leave. There are no length of service requirements to qualify—you're eligible from your first day of employment at companies with 5+ employees.
PDL covers various conditions including:
- Prenatal or postnatal care needs
- Severe morning sickness
- Doctor-ordered bed rest
- Recovery from childbirth
- Pregnancy-related mental conditions
Fair Employment and Housing Act (FEHA)
FEHA prohibits employment discrimination based on pregnancy, childbirth, or related medical conditions. Under this law, employers must provide reasonable accommodations for pregnant workers, such as modified duties, additional breaks, or temporary transfers to less hazardous positions if medically needed.
The law also protects against "perceived pregnancy" discrimination, meaning you can't be treated differently based on an employer believing you are pregnant, even if you aren't. Consequently, employers cannot use pregnancy or potential pregnancy as a reason for termination.
Pregnancy Discrimination Act (PDA)
This federal law amended Title VII of the Civil Rights Act to prohibit sex discrimination based on pregnancy, childbirth, or related medical conditions. The PDA requires that women affected by pregnancy-related conditions must be treated the same as other employees with similar abilities or limitations in all employment aspects.
Under the PDA, if your employer allows temporarily disabled employees to modify tasks, perform alternative assignments, or take disability leave, they must offer the same accommodations to employees temporarily disabled due to pregnancy.
When Can You Be Legally Fired on Maternity Leave?
Understanding when termination during maternity leave might be lawful helps you recognize when your rights have been violated. Although California law strongly protects pregnant employees, certain circumstances allow legal termination while on leave.
Company-wide layoffs
An employer can legally terminate you during maternity leave if the company undergoes genuine restructuring or mass layoffs. Nevertheless, for such termination to be lawful, the decision must be strictly business-related and unrelated to your leave status.
Importantly, employers must provide evidence that:
- The layoff would have occurred regardless of your pregnancy or leave
- The same criteria were applied across similar positions
- Real, dated business records from before your pregnancy disclosure exist
- Multiple employees were affected regardless of their leave status
Be cautious of suspicious patterns in layoffs. For instance, when targets of a round of layoffs are primarily workers on pregnancy or family leave, this could indicate unlawful discrimination. Likewise, if your employer eliminates only positions held by pregnant women while preserving nearly identical roles for others, this raises serious concerns.
Documented performance issues
Pre-existing performance problems may justify termination during maternity leave. Your employer must demonstrate that:
- Performance issues were documented before your pregnancy announcement
- The same standards were applied to non-pregnant employees
- The termination would have occurred regardless of your leave status
Red flags include sudden performance criticisms arising only after pregnancy disclosure or years of positive evaluations followed by unexpected negative reviews. In fact, courts examine whether legitimate claims of performance issues existed before pregnancy and weigh these more heavily than criticisms appearing after pregnancy announcement.
Misconduct or policy violations
Serious misconduct or violations of company policies can be legitimate grounds for termination, even during maternity leave. This might include:
- Fraudulent activity
- Violation of ethical standards
- Serious breaches of company policies
- Job abandonment (claiming you failed to return when still within protected leave)
Employers often attempt to mask discrimination by suddenly enforcing minor policy violations that were previously overlooked. Courts require employers to demonstrate consistent application of policies across all employees, not just those on maternity leave.
End of a fixed-term contract
If you were hired on a temporary or fixed-term contract that expires during your maternity leave, your employer generally has no obligation to renew it. According to employment law principles:
- The natural expiration of a fixed-term contract can be a valid reason for termination
- Your employer has the right to end the employment relationship when the contract term ends
- This applies even if you are on maternity leave at the time of expiration
Regardless of the reason, for termination to be lawful, your employer must prove the decision had nothing to do with your pregnancy or leave status. Suspicious timing often reveals discriminatory motives, especially when termination occurs shortly before planned leave or during approved maternity leave when no issues existed beforehand.
Remember that even in these seemingly legitimate scenarios, employers cannot use them as a pretext to disguise pregnancy discrimination. Each situation requires careful evaluation of timing, consistency in employer practices, and comparison with how similarly situated non-pregnant employees are treated.
How to Tell If Your Firing Was Illegal
Recognizing the signs of unlawful termination requires careful observation of your employer's behavior and actions. Many employers attempt to disguise discriminatory motives behind seemingly legitimate business reasons. Here's how to determine if your firing violated the law.
Look for signs of discrimination
Discriminatory intent often hides behind supposedly legitimate business reasons. Watch for these warning signs:
- Sudden negative performance reviews after years of positive evaluations
- Heightened scrutiny or documentation of minor issues that were previously overlooked
- Exaggeration of pregnancy-related symptoms' impact on job performance
- Placement on a performance improvement plan with vague or deliberately unattainable metrics
- Comments portraying pregnancy as a burden or suggesting mothers are less dedicated employees
Pregnant employees often face abrupt shifts in performance evaluations. After announcing pregnancy, employers sometimes begin documenting trivial mistakes to create a paper trail justifying future termination.
Check for retaliation after requesting leave
Retaliation occurs when an employer takes adverse action against you for exercising your legal rights. Under labor laws, employers cannot punish you for:
- Requesting pregnancy accommodations
- Taking legally protected leave
- Complaining about pregnancy discrimination
- Supporting another employee's pregnancy-related complaint
Following such protected activities, watch for changes like reduced responsibilities, exclusion from important projects, or denial of training opportunities. These actions may indicate illegal retaliation for asserting your rights.
Compare treatment with non-pregnant employees
Examining how your employer treats non-pregnant colleagues with similar abilities or limitations can reveal discrimination. Notable differences include:
Being subjected to a different disciplinary process than what's normally applied to others
Having your pregnancy-related absences treated more harshly than other employees' medical absences
Facing unique barriers for leave that don't exist for non-pregnancy related conditions
Obviously, if your employer accommodates employees with temporary non-pregnancy disabilities but denies similar accommodations to you, this differential treatment strongly suggests discrimination.
Evaluate suspicious timing of termination
Timing often reveals discriminatory motives. Particularly suspicious circumstances include:
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
Additionally, if your position was eliminated in a "restructuring" that primarily affected pregnant workers while preserving similar roles for non-pregnant employees, this pattern suggests discrimination. Pay attention to whether your duties were genuinely eliminated or merely redistributed to remaining staff.
Ultimately, strong pregnancy discrimination cases require evidence connecting your termination to your protected status rather than legitimate business reasons. Document everything thoroughly, including all communications and changes in treatment following your pregnancy announcement.
Steps to Take Immediately After Being Fired
Taking swift action after being fired while on maternity leave significantly strengthens your position. The steps you take immediately following termination can make a crucial difference in your ability to protect your rights and pursue justice.
Document all communications and events
Creating a thorough record is essential for building a strong case. Start by establishing a comprehensive documentation system:
- Save all communications including emails, texts, voicemails, and written notices about your pregnancy, leave, and termination
- Create a detailed timeline noting when you announced your pregnancy, requested leave, began leave, and were terminated
- Collect positive performance reviews, awards, or commendations predating your pregnancy
- Note names of colleagues who witnessed your work performance or any discriminatory comments
Documentation forms the foundation of successful wrongful termination cases. Maintain chronological logs recording all pregnancy-related interactions and employment changes. Save emails discussing pregnancy or employment matters—these create an invaluable paper trail should you need to prove discrimination.
Request a written explanation from your employer
Under California Labor Code Section 1198.5, you have the right to inspect and copy your personnel records. Request these materials promptly as they may contain performance evaluations, disciplinary records, or communications about your termination that either support or contradict your employer's stated reasons.
Additionally, ask for specific details about why you were terminated. This request often reveals inconsistencies in the employer's reasoning. If possible, make this request via email so you have written evidence of both your inquiry and their response.
Consult an employment attorney
Seeking legal advice immediately is critical. Employment attorneys specializing in pregnancy discrimination can evaluate your case's strength and calculate potential damages. According to data, only 29% of people who experience a legal problem seek professional advice , yet this step is vital.
Many employment attorneys offer free consultations for discrimination cases. The earlier you contact a specialized lawyer, the better, as they can help you navigate what to document, how to respond to employer communications, and understand filing deadlines for your claims.
File a complaint with CRD or EEOC
For state-level claims under FEHA, file with California's Civil Rights Department (CRD). You generally have three years from the discriminatory act to submit this intake form. For federal claims, you typically have 300 days to file with the Equal Employment Opportunity Commission (EEOC).
Filing initiates an investigation into your allegations. Moreover, these agencies might offer mediation services to resolve your dispute without litigation. Remember that filing administrative complaints is often a required step before pursuing a lawsuit, so understanding and meeting these deadlines is critical.
What Legal Action Can You Pursue?
If you've determined your firing was illegal, several legal remedies are available to seek justice and compensation. Understanding these options helps you make informed decisions about next steps.
Filing a wrongful termination lawsuit
Prior to filing a lawsuit, you must first submit a complaint with the California Civil Rights Department (CRD) or Equal Employment Opportunity Commission (EEOC). For CRD complaints, you have three years from the discriminatory act to file, while EEOC complaints typically require filing within 300 days . These agencies will investigate your claims and potentially offer mediation services.
After receiving a "right to sue" letter, you can proceed with a wrongful termination lawsuit against your employer. To succeed, you'll need to demonstrate:
- You were eligible for protected leave
- You suffered termination
- A causal connection exists between your leave and termination
Seeking compensation for lost wages
Beyond emotional impact, pregnancy discrimination often creates significant financial hardship. When successful, your case may recover:
- Back pay: Covers wages and benefits from termination until case resolution
- Front pay: Future earnings when reinstatement isn't feasible (typically 3-6 months for mid-level positions, 6-12 months for executive roles)
- Benefits recovery: Health insurance, retirement contributions, and missed bonuses
Courts have awarded up to two years of front pay in specialized fields or tight job markets .
Claiming emotional distress damages
Emotional distress damages compensate for psychological harm caused by discrimination. You can establish these through:
- Personal testimony about mental anguish
- Statements from friends, family, or coworkers describing behavioral changes
- Medical documentation of diagnosed conditions like depression or anxiety
Higher emotional distress claims generally require medical evidence, with damages potentially ranging from $5,000 to $50,000 depending on severity.
Negotiating a settlement or reinstatement
Throughout this process, settlement remains an option. Employers often prefer settling employment claims rather than facing costly litigation. In fact, most employers will negotiate rather than risk trial verdicts averaging over $200,000 for discrimination cases .
Possible settlement outcomes include:
- Financial compensation
- Employer-paid COBRA subsidies (typically 3-18 months)
- Job reinstatement
- Neutral employment references
Reinstatement rights allow you to return to the same or comparable position after leave. A comparable position must offer virtually identical pay, benefits, worksite, and responsibilities.
Conclusion
Facing termination during maternity leave represents one of the most challenging situations a new parent can experience. California laws undoubtedly provide some of the strongest protections nationwide, though employers still find ways to circumvent these safeguards. Understanding your specific rights under FMLA, CFRA, PDL, and other protective legislation therefore becomes your first line of defense against wrongful termination.
Quick action significantly improves your chances of successfully challenging an illegal firing. Documentation remains your most powerful ally throughout this process. Save all communications, request written explanations for your termination, and gather evidence showing any discrepancies between how you and non-pregnant employees were treated. Additionally, connecting with an employment attorney specializing in pregnancy discrimination cases should become an immediate priority.
While legitimate reasons for termination during leave exist, suspicious timing, sudden negative performance reviews, or company-wide layoffs disproportionately affecting pregnant employees certainly raise red flags. These patterns often reveal discriminatory intent hiding behind seemingly legitimate business reasons.
The legal system offers multiple avenues for seeking justice. Filing complaints with appropriate agencies, pursuing wrongful termination lawsuits, and negotiating settlements all represent viable options depending on your circumstances. Successful claims can recover lost wages, emotional distress damages, and potentially reinstatement to your position.
Remember that pregnancy discrimination violates both federal and state laws. Your maternity leave should never become grounds for termination. Although the process of challenging wrongful termination demands persistence, the legal framework exists specifically to protect your rights during this vulnerable time. You deserve both the opportunity to bond with your new child and the security of returning to your position afterward.
Call Setyan Law at (213)-618-3655 to schedule a free consultation.
