Pregnancy is supposed to be one of the most exciting times in your life. You’re preparing to welcome your baby, making plans for maternity leave, and figuring out how to balance work and family. But what happens if your employer fires you before maternity leave even begins?
Getting terminated during pregnancy is stressful and confusing. You may be asking: Is this legal? Can I get compensation? Do I still qualify for maternity benefits? These are real concerns, and the good news is that the law gives you rights and options.
This guide will walk you through what it means if you are fired before maternity leave, what protections you may have under federal and state law, what steps you should take right away, and how an employment lawyer can help you move forward.
Can Your Employer Fire You Before Maternity Leave?
The short answer is: it depends on the reason for your termination.
- Illegal reasons: Your employer cannot fire you because you are pregnant, because you plan to take maternity leave, or because you ask for reasonable accommodations related to your pregnancy.
- Legal reasons: Your employer can fire you for unrelated reasons—such as company layoffs, restructuring, documented performance problems, or misconduct—as long as these reasons are not connected to your pregnancy or upcoming leave.
This distinction is important. If you suspect your pregnancy was the real reason for your termination, you may have a case for wrongful termination or pregnancy discrimination.
Your Rights Under Federal Law
Several federal laws protect pregnant employees and new parents. Understanding these can help you figure out if your termination was fair or unlawful.
1. The Pregnancy Discrimination Act (PDA)
The PDA is part of Title VII of the Civil Rights Act of 1964. It makes it illegal for employers to fire, demote, or treat you differently just because you are pregnant, recently gave birth, or have a related medical condition.
This means:
- You cannot be fired simply for being pregnant.
- You cannot be denied promotions, training, or job opportunities because of pregnancy.
- If your employer treats pregnancy differently than other medical conditions, that may be discrimination.
2. The Family and Medical Leave Act (FMLA)
The FMLA gives eligible employees up to 12 weeks of unpaid, job-protected leave for pregnancy, childbirth, or caring for a new baby.
To qualify, you must:
- Work for a company with 50 or more employees within 75 miles.
- Have worked at least 1,250 hours during the past 12 months.
If you meet these requirements, your job should be protected during maternity leave. But if you are fired before leave begins, FMLA may not help you unless you can prove the firing was to stop you from taking leave. That would be considered retaliation, which is illegal.
3. The Pregnant Workers Fairness Act (PWFA)
This law requires employers to provide “reasonable accommodations” for pregnancy-related limitations, unless it creates an undue hardship. Examples include:
- More frequent bathroom breaks.
- Light duty instead of heavy lifting.
- Flexible schedules for doctor visits.
- Temporary changes in job duties.
If you are fired for asking for these accommodations, that could be unlawful.
4. The Americans with Disabilities Act (ADA)
Pregnancy itself is not a disability, but some conditions (like gestational diabetes or severe morning sickness) may qualify. Under the ADA, your employer must provide reasonable accommodations for these conditions and cannot fire you because of them.
State Laws May Offer Extra Protection
In addition to federal laws, many states have their own pregnancy and parental leave protections. Some states provide paid family leave, extended job protection, or stronger anti-discrimination rules.
For example:
- California, New York, New Jersey, and a few others offer paid family leave programs.
- Some states extend job-protected leave to smaller companies (fewer than 50 employees).
- State human rights laws may provide stronger remedies than federal law.
Checking your state’s labor department website—or speaking with an employment attorney in your state—can help you understand your full rights.
When Firing May Be Legal
Not every termination during pregnancy is illegal. Employers can fire or lay off pregnant employees for legitimate business reasons, as long as pregnancy is not the factor.
Examples of legal termination include:
- Company-wide layoffs or restructuring.
- Documented performance issues. For instance, repeated lateness or not meeting performance standards.
- Misconduct. Such as violating company policies.
- Changes in role requirements. If your job is eliminated because the company no longer needs it.
In these cases, your employer must show that the decision would have been the same regardless of pregnancy.
Signs You May Have Been Wrongfully Terminated
How do you know if your firing was really about pregnancy? Look for red flags:
- Negative treatment started only after you told your boss you were pregnant.
- Your supervisor made comments about your pregnancy or upcoming leave.
- You were fired shortly after requesting maternity leave or pregnancy accommodations.
- Other employees in similar situations were treated more favorably.
- You were pressured to resign or discouraged from taking leave.
If any of these apply, you may have a wrongful termination claim.
What to Do Immediately After Being Fired
If you’ve been terminated before maternity leave, here are steps you should take right away:
- Ask for a written termination letter. This will confirm the official reason for your firing.
- Gather evidence. Save emails, performance reviews, texts, or notes that suggest pregnancy played a role.
- Review your employment contract or handbook. Some contracts include severance, continued health benefits, or other protections.
- File for unemployment benefits. Most laid-off employees are eligible if they are able and willing to work. Pregnancy does not make you ineligible.
- Check your health insurance options. If you had employer coverage, you may qualify for COBRA continuation, state health programs, or your partner’s plan.
- Consult an employment attorney. A lawyer can evaluate your case, negotiate severance, or file a discrimination complaint if necessary.
Should You Sign a Severance Agreement?
Some employers offer severance pay when terminating employees. But severance agreements often include clauses that waive your right to sue.
Before signing anything:
- Read carefully to see if you’re giving up legal claims.
- Consider consulting an attorney to review the agreement.
- Do not feel pressured—take time to understand your options.
How an Employment Lawyer Can Help
Pregnancy discrimination and wrongful termination cases can be complicated. An attorney can:
- Assess whether your termination was legal or discriminatory.
- File a complaint with the Equal Employment Opportunity Commission (EEOC).
- Negotiate for a settlement or reinstatement.
- Represent you in court if necessary.
Many lawyers offer free consultations, and some work on a contingency basis (they only get paid if you win). If you have prepaid legal services through your job or union, this can also be an affordable option.
Government Resources and Agencies
You don’t have to fight alone. These agencies can help:
- EEOC (Equal Employment Opportunity Commission): Handles pregnancy discrimination and retaliation complaints.
- State Labor Departments: Help with unemployment benefits and local protections.
- U.S. Department of Labor (DOL): Provides information on FMLA and worker rights.
Filing a charge with the EEOC is often the first step in pursuing a discrimination claim.
Frequently Asked Questions
1. Can I collect unemployment if I’m fired while pregnant?
Yes, if you are able and willing to work. Pregnancy alone does not disqualify you.
2. Do I still get maternity leave benefits if I’m fired?
No. If your employment ends before leave begins, you usually lose maternity leave rights. However, if you were terminated because of your upcoming leave, you may have a legal case.
3. How long do I have to file a discrimination claim?
Generally, you must file with the EEOC within 180 days of the termination. Some states extend this to 300 days.
4. Can my employer fire me for asking for pregnancy accommodations?
No. Under the PWFA and ADA, firing you for requesting reasonable accommodations is illegal.
5. What compensation could I receive if I win a wrongful termination case?
Compensation may include lost wages, emotional distress damages, attorney’s fees, and sometimes reinstatement.
Final Thoughts
Getting fired before maternity leave is frightening and stressful, but you are not powerless. Federal and state laws give you important protections against pregnancy discrimination and wrongful termination.
If you suspect you were fired because of your pregnancy or upcoming leave, don’t ignore the signs. Collect evidence, file for unemployment, explore health insurance options, and most importantly, seek legal guidance.
Your rights matter. Taking action now can help protect your financial stability, your health coverage, and your peace of mind as you prepare for one of the most important moments of your life—the arrival of your baby.