If you are fired as a result of the employer’s violations of the FMLA laws related to maternity leave or you are a pregnancy discrimination victim, you can get compensation.
Losing your job after maternity leave sounds like the worst scenario ever. You just experienced probably the greatest blessing of your life, and you’re ready to go back to work, now as a mother. It can be difficult to deal with, especially if you need money and your spouse’s income is not enough for the entire family.
But is your employer allowed to fire you for taking FMLA leave? If you’ve been fired after maternity leave, you must know your rights and what to do next. Keep reading to find out more about the matter.
What Rights Do You Have for Maternity Leave?
There is no federal law that provides maternity leave in the U.S., but the Family and Medical Leave Act gives new mothers the right to take up to 12 weeks off their job so they can spend time with their newborns. It’s important to keep in mind that this is medical leave, but unpaid.
- FMLA Leave Rights
This leave can be given by an employer who has 50 or more employees. Also, employees must have worked for at least 1,250 hours during 12 months to be allowed to get the leave.
Under the law, the employees who take this leave can get up to 12 weeks of unpaid time off. They also have the right to return to the job or get a job that has the same schedule and pay rate, the right to keep their health insurance at the employer rate, and the right to maintain employment after coming back from the leave.
- State Leave Rights
In some states, pregnant mothers can enjoy some extra advantages if they take maternity leave. The leave can either be unpaid or paid, as it all depends on what state the mother is from.
It is important to keep in mind that in all states, employers have to let you return to work at either the same position or a similar one under the law.
Also, when you get medical leave, the employer is required to keep the job open and available for when you return, or at least keep an equivalent one open. No employer is allowed to give you a position that you were not qualified or trained for.
Are Employers Allowed to Fire You When Returning from Maternity Leave?
Employers may fire you while on maternity leave or when you come back from maternity leave. But they cannot do it because you took the leave. They can only do it if they would have fired you in the absence of the maternity leave anyway.
In some cases, employers lay off full departments of workers because they need a workload reduction. If you are in that particular department, then you may be laid off too as a result. When this happens, a layoff notice will be sent to you.
Can You Do Something If You Are Laid Off During or After Maternity Leave?
In case you come back from maternity leave, and you are fired immediately after, there are some steps you can take. You have the right to claim wrongful retaliation or termination.
If the FMLA leave was used for the maternity leave, you can file a federal court lawsuit against your boss. You have the right to file the lawsuit within two years after the event took place. It cannot be done later than three years, though.
If you are not sure what to do, you can always hire an employment lawyer and ask for advice. Attorneys can be found in every area. If you live in Solana Beach, California, and you have been laid off during or after maternity leave, you can reach out to Solana Beach employment layers and get the advice and help you need.
Can You Get Compensation for Being Fired Due to Maternity Leave?
If you are fired as a result of the employer’s violations of the FMLA laws related to maternity leave or you are a pregnancy discrimination victim, you can get compensation.
On top of that, you have the right to ask for remedies from the employer or the court, which may include the job’s reinstatement. Of course, you can also ask for relief like legal costs and fees, lost wages, and money for emotional distress, pain, and suffering.
Final Thoughts
Your employer has the right to fire you during or after maternity leave but cannot do it because you took the leave. If you feel like your employer fired you because of your pregnancy, you can take them to court and get compensation.
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