Can I Be Terminated If I Just Returned from Maternity Leave?
Returning to work after maternity leave can be a stressful transition. Many employees in California are rightfully concerned about job security when they come back from taking legally protected leave. If you’re a new parent and you’ve taken time off under state or federal law, it’s important to understand your rights and what actions may be considered illegal under California employment law.
Miracle Mile Law Group represents workers across California who have experienced retaliation or unlawful termination after taking maternity leave. This article outlines your legal protections and what you can do if your employer violates your rights.
Your Rights Under CFRA and FMLA
California workers are protected under both state and federal laws when it comes to maternity and family leave. The California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA) both provide job-protected leave for new parents. If you qualify, your employer must allow you to return to the same or a comparable position after your leave ends.
In California, additional protections exist under the Pregnancy Disability Leave (PDL) law. This law allows eligible employees to take leave for medical issues related to pregnancy and childbirth, which may be in addition to CFRA leave.
Here is a summary of your protected leave rights under California law:
| Law | Eligibility | Duration of Leave | Job Protection |
|---|---|---|---|
| CFRA | 12 months at a company with 5+ employees and 1,250 hours worked in past year | Up to 12 weeks | Yes |
| FMLA | 12 months at a company with 50+ employees and 1,250 hours worked in past year | Up to 12 weeks | Yes |
| Pregnancy Disability Leave (PDL) | Company with 5+ employees | Up to 4 months | Yes |
All of these leaves require job protection. Your employer must reinstate you to your original job or an equivalent position when your leave ends unless there is a legitimate business reason for not doing so and no comparable position is available.
Illegal Retaliation and Wrongful Termination
It is unlawful in California for an employer to retaliate against you for taking protected leave. Retaliation can include demotion, a pay cut, denial of benefits, or termination. If your firing is connected to your use of maternity leave, this may be considered wrongful termination under California law.
An employer may try to justify a termination with reasons such as restructuring, poor performance, or attendance, even if those issues never came up before. If the timing of your termination occurs shortly after your leave, that may be a red flag for retaliation or discrimination.
You can read more about your rights on our page about pregnancy discrimination and wrongful termination.
Common Employer Tactics to Watch For
Employers sometimes use subtle or indirect means to avoid liability while retaliating against workers returning from leave. Here are some patterns to monitor:
- Claiming your position is “no longer available” without offering a comparable job
- Sudden performance issues raised upon your return that were not documented before
- Changing your job duties to less favorable tasks or roles
- Excluding you from meetings, assignments, or communications
- Failing to reinstate you within a reasonable time after your leave ends
If you experience any of these tactics, document everything, including any communications with your employer. These actions may be indicators of unlawful retaliation.
What to Do If You’re Fired After Leave
If you were terminated shortly after your maternity leave, it’s critical to take steps to protect your rights. Here’s what you should do:
- Request a written explanation for your termination
- Gather copies of your leave request, doctor’s notes, performance reviews, and emails
- Write down a timeline of events, including key dates and conversations
- Avoid signing any severance or release agreement without consulting an attorney
- Speak with an experienced employment lawyer about your legal options
Even if the employer provides a pretext for the termination, they may still be liable if the true reason is linked to your maternity leave or pregnancy status.
How to Protect Yourself Legally
To maximize your protection both during and after your leave, take the following proactive steps:
- Submit any leave requests in writing and retain copies
- Keep thorough documentation of received approvals or changes from HR
- Record any potentially discriminatory remarks or actions
- If problems arise, notify HR or management in writing with details
- Consult an employment attorney if there are any concerns with your return
California law offers strong protections for workers, but enforcement often depends on how well the employee can document and assert their rights. Speaking with qualified legal counsel as early as possible can increase your chances of a favorable outcome.
If you believe your employer violated your rights after pregnancy or maternity leave, contact Miracle Mile Law Group for a free consultation. We are here to help you understand your rights and take action if necessary.
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