D.Law: California’s Employment Discrimination Lawyers

California employment discrimination lawyers commonly help individuals who believe they were wrongfully terminated. Some of these workers had their positions terminated while they were on maternity leave, leading them to wonder whether their employer violated their job protection rights. 

Can a worker be fired on maternity leave? D.Law shares what workers need to know about this type of discrimination. 

Can You Get Fired While on Maternity Leave in California? 

To understand whether a worker can be fired on maternity leave, they must first examine the type of maternity leave they are taking and whether the leave is “job-protected,” meaning the employer would need to protect their position or allow them to return to a comparable position. In California, many employers offer maternity leave as a benefit, and the terms are laid out in the employee’s offer letter. 

In instances in which an employer does not explicitly offer maternity leave, a worker can explore state or federal leave under the California Family Rights Act, Pregnancy Disability Leave, or the Family and Medical Leave Act (FMLA). All three of these programs provide job-protected leave for eligible employees. 

Workers should also understand that California is an at-will employment state, meaning that employers can generally fire workers for “any reason or no reason” as long as that reason does not violate their rights. If a worker is taking protected leave, they generally have the right to maintain employment when they return.

When Can an Employer Lawfully Terminate a Worker on Maternity Leave? 

D.Law emphasizes that there are a few instances in which an employer can lawfully terminate a worker’s position while they are on maternity leave. The primary examples of this include:

• Legitimate company restructuring or downsizing: When a company has a legitimate reason for laying off workers, such as company-wide restructuring or downsizing, this may indicate that they are not specifically targeting the pregnant worker. 

• Cited performance issues: A company may be able to lawfully fire a worker on maternity leave if they were showcasing performance issues prior to the termination.

• End of employment contract: If a worker’s employment contract ends during their maternity leave, their employer would generally be able to terminate their employment without consequence. 

• Misconduct: An employer can generally fire a worker for misconduct under their employment contract or employee handbook, even if they are on job-protected leave. 

When Is Termination During Maternity Leave Considered Unlawful?

Meanwhile, there are a few specific instances in which firing a worker on maternity leave may be a violation of California employment laws and workplace rights. An employer cannot legally terminate an employee for any of the following:

• Discrimination based on a protected characteristic, including pregnancy discrimination

• Retaliation for upholding their employment rights, such as by taking protected leave

They also cannot go against the terms of the maternity leave contract, if there is one.

D.Law Represents California Workers 

Can a worker be fired on maternity leave? Workers who believe they have experienced employment discrimination or wrongful termination could benefit from consulting a legal professional about their rights and options. Those interested in hiring a California employment discrimination lawyer can contact D.Law at 818-275-5799.

Contact Information:

Davtyan Law Firm, Inc.

400 N Brand Blvd 7th Floor, Glendale, CA 91203
Glendale, CA 91203
United States

Emil Davtyan
(818) 875-2008
https://d.law/