Pregnancy is an exciting and sometimes overwhelming journey. You’re preparing for your baby, adjusting to big changes, and planning your time away from work. But what if your employer fires you right before your maternity leave starts?
This can feel shocking, stressful, and unfair. You may be asking yourself: Is this legal? What are my rights? Can I fight back?
This guide will walk you through everything you need to know if you get fired before maternity leave — your legal protections, when a firing is illegal, what steps you can take, and how an attorney can help.
Understanding Maternity Leave in the United States
First, it’s important to understand what “maternity leave” means in the U.S.
Unlike many other countries, the United States does not guarantee paid maternity leave at the federal level. Instead, the main protection comes from the Family and Medical Leave Act (FMLA).
What FMLA Provides
- Up to 12 weeks of unpaid, job-protected leave for childbirth, adoption, or a serious health condition.
- The right to return to the same or equivalent job after your leave ends.
- Protection against being fired simply for taking leave.
FMLA Eligibility
Not every worker is covered. You qualify if:
- Your employer has at least 50 employees within a 75-mile radius.
- You’ve worked for the employer for at least 12 months.
- You’ve logged at least 1,250 hours in the past year.
If you meet these conditions, your job is legally protected under FMLA.
Can You Be Fired Before Maternity Leave?
This is where things get tricky. The short answer is: it depends on the reason for your termination.
Illegal Reasons
It is illegal for your employer to fire you because:
- You are pregnant.
- You are about to take maternity leave.
- You disclosed your pregnancy or requested accommodations.
- You exercised your legal right under FMLA.
Legal Reasons
Employers can still fire pregnant employees if the reasons have nothing to do with pregnancy or leave. For example:
- Company-wide layoffs or restructuring.
- Documented poor performance.
- Misconduct or violation of company policies.
- Elimination of a role due to budget cuts.
So if your firing is connected directly to your pregnancy or leave, that’s wrongful termination. If it’s truly unrelated, the employer may be within the law.
Laws That Protect Pregnant Workers
Several laws safeguard your rights:
1. Pregnancy Discrimination Act (PDA)
This federal law prohibits discrimination based on pregnancy, childbirth, or related medical conditions.
- Employers cannot fire, demote, or treat you differently because of your pregnancy.
- You must be treated the same as other workers with temporary disabilities (for example, someone with an injury).
2. Family and Medical Leave Act (FMLA)
As explained earlier, FMLA gives you the right to take unpaid, job-protected leave. Firing you because you plan to use FMLA is retaliation — which is illegal.
3. Americans with Disabilities Act (ADA)
Certain pregnancy-related conditions (like gestational diabetes, preeclampsia, or severe morning sickness) may qualify as disabilities. If so, your employer must provide reasonable accommodations.
4. Pregnant Workers Fairness Act (PWFA)
This law, which took effect in 2023, requires employers to provide reasonable accommodations for pregnant workers. Examples include:
- Adjusting your schedule.
- Allowing more bathroom breaks.
- Providing a chair if you stand for long periods.
- Temporary reassignment of heavy tasks.
5. State Laws
Many states go further than federal law. Some provide paid family leave, extra job protection, or broader definitions of discrimination.
Is Being Fired for Pregnancy Discrimination?
If you are fired because you are pregnant or planning to take leave, that’s pregnancy discrimination. Here’s how you can tell:
- Your employer made negative comments about your pregnancy or leave.
- You received a sudden termination after announcing your pregnancy.
- You were treated differently from other workers with similar job performance.
- The timing of your firing closely matches your pregnancy disclosure.
These are red flags that point to discrimination.
Can You Be Laid Off While Pregnant?
Yes, you can be laid off — but only if it’s for legitimate business reasons. For example, if the company is shutting down a department and everyone in that department is losing their job, that may be legal.
However, if you notice that mostly pregnant employees or those on leave are targeted, it may be a sign of discrimination or retaliation.
What to Do If You Get Fired Before Maternity Leave
If this happens to you, here are important steps to take:
1. Don’t Panic
Being fired before maternity leave is overwhelming, but you do have rights. Take a deep breath and focus on gathering information.
2. Ask for an Explanation
Request a written explanation of why you were terminated. This may help reveal whether the reason is legitimate or suspicious.
3. Gather Evidence
Keep records that may support your claim:
- Emails, texts, or memos about your pregnancy or leave.
- Performance reviews that contradict claims of poor performance.
- Notes from conversations with your manager or HR.
- Your employee handbook or company policies.
4. Don’t Sign Away Your Rights
Sometimes employers offer a severance package in exchange for signing a waiver. Be careful. Signing could mean giving up your right to sue. Talk to a lawyer before signing anything.
5. File a Complaint
You can file a discrimination complaint with the Equal Employment Opportunity Commission (EEOC). Some states also have their own agencies that handle these claims.
6. Talk to an Attorney
An employment attorney can evaluate your case and advise whether you should file a lawsuit for wrongful termination or discrimination. Many offer free consultations.
Possible Legal Remedies
If you were wrongfully terminated, you may be entitled to:
- Reinstatement to your old job.
- Back pay for lost wages.
- Compensatory damages for emotional distress.
- Punitive damages if your employer acted especially badly.
- Attorney’s fees in some cases.
Reasonable Accommodation Before and After Leave
Even if you’re not fired, your employer must support you with reasonable accommodations under the PWFA. These can make it easier to stay on the job during pregnancy. Examples include:
- Flexible scheduling.
- Temporary reassignment to lighter duties.
- Work-from-home options.
- Space and time for breastfeeding or pumping.
If your employer refuses, that may also be a violation of your rights.
Taking Care of Yourself During This Time
Losing your job right before maternity leave is stressful — both financially and emotionally. In addition to legal steps, remember to take care of yourself:
- Lean on family and friends for support.
- Look into unemployment benefits if eligible.
- Explore state or local programs for new parents.
You deserve protection, dignity, and security as you prepare to welcome your child.
Final Thoughts
If you get fired before maternity leave, don’t assume it’s the end of the road. You have legal rights.
- Employers cannot fire you just for being pregnant or for planning maternity leave.
- Laws like FMLA, the Pregnancy Discrimination Act, the Pregnant Workers Fairness Act, and state protections are there to safeguard you.
- If your firing feels unfair or suspicious, gather evidence and speak to an employment attorney right away.
With the right support, you can challenge discrimination and protect your future — for yourself and for your growing family.