You tell your employer that you are pregnant.
Maybe you request time off for prenatal appointments. Maybe your doctor places you on leave. Maybe you take time away from work to recover from childbirth or bond with your new baby.
Then something changes.
Your performance suddenly becomes a problem. Your position is eliminated. You are told the company needs someone who can be “more available.” Or you return from leave only to discover that there is no longer a job waiting for you.
Being fired while pregnant or around maternity leave does not automatically mean your employer broke the law.
But an employer generally cannot fire you because you are pregnant, because you took legally protected leave, or because you exercised certain rights related to pregnancy and childbirth.
If you believe that happened to you, here are some steps to consider.
For more information about the help you need, contact our San Diego, CA employment lawyers.
Find Out What Kind of Leave You Took
“Maternity leave” is a useful everyday phrase. Legally, however, it can describe several different things.
Depending on your circumstances, your time away from work may have been protected by:
- Pregnancy Disability Leave (PDL), which can provide job-protected leave when an employee is disabled by pregnancy, childbirth, or a related medical condition;
- The California Family Rights Act (CFRA), which can provide eligible employees with job-protected leave to bond with a new child;
- The federal Family and Medical Leave Act (FMLA), which may provide additional protections to eligible employees; or
- Other California protections related to pregnancy discrimination and reasonable accommodation.
These laws have different eligibility requirements and do not always cover the same period of time.
That distinction matters because your rights may depend on why you took leave, how long you were away, the size of your employer, and other circumstances.
Look at What Happened Before and After Your Leave
Timing can tell part of the story.
Think about how your employer treated you before you disclosed your pregnancy or requested leave—and what changed afterward.
For example:
- Did your performance reviews suddenly become negative?
- Were responsibilities or important assignments taken away?
- Did your supervisor complain about the inconvenience of your pregnancy or leave?
- Were you pressured to return earlier than planned?
- Did someone question whether you would still be committed to your job after having a baby?
- Were you disciplined for absences related to protected leave?
- Were you terminated shortly before, during, or after your leave?
None of these facts automatically proves that your termination was unlawful.
But the sequence of events can matter.
Ask Why You Were Fired—and Preserve the Answer
Your employer may tell you that your termination had nothing to do with maternity leave.
Perhaps the company says there were performance problems. Maybe your position was eliminated during a restructuring. Maybe you violated a workplace policy.
Sometimes that explanation is legitimate.
But compare it with what you know.
If you were supposedly terminated for poor performance, what do your previous evaluations say? If your position was eliminated, did the company later hire someone else to perform substantially the same work? If you supposedly violated a policy, how were other employees treated when they did the same thing?
Preserve any termination letter, separation paperwork, emails, text messages, performance reviews, or other documents explaining why you were fired.
The question is not simply what reason your employer gave you. It is whether the evidence supports that reason.
Save Records Related to Your Pregnancy and Leave
If you believe your termination was connected to your pregnancy or leave, preserve relevant records while you still have access to them.
These might include:
- Requests for leave or accommodation;
- Emails with Human Resources or supervisors;
- Leave approval notices;
- Doctor’s notes or certifications provided to your employer;
- Performance evaluations;
- Disciplinary notices;
- Your employee handbook or leave policies;
- Your termination notice;
- Work-related text messages or emails; and
- A timeline of important events.
Keep copies of documents you are legally entitled to possess, but do not take confidential company information or records you are not authorized to keep.
Write Down What Happened
Memories get less precise with time.
Write down important conversations while you still remember them. Include dates when possible, who was present, what was said, and what happened afterward.
This can be particularly useful when comments were made verbally rather than in writing.
Maybe your supervisor never emailed that your pregnancy was inconvenient—but repeatedly complained about your appointments. Maybe no one wrote that your leave was too long—but someone asked whether motherhood would interfere with your career.
Those details may become important when considered alongside the timing and other evidence.
Can Your Employer Ever Fire You While You’re on Maternity Leave?
Potentially, yes.
Protected leave generally does not make an employee immune from every otherwise lawful employment decision.
For example, an employer may have a legitimate reason for a termination that is unrelated to an employee’s pregnancy or leave.
But an employer generally cannot use a legitimate-sounding explanation as a cover for discrimination or retaliation.
That is why the surrounding circumstances matter.
If your employer says your termination was unrelated to maternity leave, consider whether the explanation is consistent with your employment history, the company’s records, and how other employees were treated.
What if Your Job Was Gone When You Returned?
Depending on the type of protected leave and the circumstances, California law may provide reinstatement rights when an employee returns.
If you were told that your old position was unavailable, ask what happened to it.
Was the position genuinely eliminated? Is someone else performing the same work? Were you offered a comparable position? Did the employer explain why reinstatement was not available?
Again, the label an employer puts on the decision is not necessarily the end of the inquiry.
When Should You Talk to a California Employment Attorney?
If you were terminated shortly before, during, or after pregnancy-related or bonding leave, it may be worth having an attorney review what happened—particularly if the employer’s explanation does not match your employment history or the sequence of events.
California employees may have overlapping rights involving pregnancy discrimination, disability accommodation, protected leave, retaliation, and wrongful termination.
You do not need to determine which law applies before asking for help.
Preserve your records. Write down what happened. And if something about the timing or explanation does not add up, consider speaking with an experienced Los Angeles, CA employment attorney about your rights.