Can I Be Fired Before Taking Maternity Leave?

Finding out you are pregnant might be an exciting experience. This will be an expansion of your family in most cases, and many people will begin planning for their future as soon as they become aware they are expecting. However, this maternity leave planning could also cause certain challenges to arise, and this might link to your career in some way.

Unfortunately, some women might find the joy of this time tainted when they are fired sometime after announcing their pregnancy. This can be a difficult situation to overcome, especially if they are unsure whether or not their dismissals are fair. It can be tough to explore this issue without the right knowledge.

Simply put, an employer cannot fire you for FMLA leave; in fact, according to the Family and Medical Leave Act (FMLA), you are entitled to 12 weeks of job-protected, unpaid leave when giving birth or adopting a child.

This post will outline the issues of wrongful termination and discrimination related to women taking maternity leave as well as what to do in this situation. 

Is a Company Allowed to Fire an Employee Before FMLA Leave?

As previously mentioned, the FMLA allows people to take time off for the birth of a newborn or adoption of a child. Individuals are eligible for this if they have worked at least 1,250 hours over the last year and are employed by a company with 50 or more employees. If you meet these criteria, you are entitled to 12 weeks off, although this time will likely be unpaid.

Of course, you might be terminated from your employment for a reason completely unrelated to your planned maternity leave. This is allowed, but if the company dismisses you because you are taking maternity leave, this would be considered retaliation, and this is one of the illegal reasons for job loss. Not only that, but it could also be viewed as pregnancy discrimination; this is prohibited under federal and state laws.

What Should You Do If Your Dismissal is Related to Maternity Leave? 

If you suspect that your dismissal is directly related to your request for maternity leave, then the three steps below should be useful.

1: Gather Evidence to Support Your Allegations

Proving that your termination is linked to your planned maternity leave can be a difficult task, but it can be easier with the right evidence. It is important to keep a record of all communications related to your dismissal, such as emails, letters, and notes from meetings. Digital and hard copies should be kept, and they should ideally be stored outside of the workplace.

Additionally, you should document your employer’s attitude and behavior towards you, specifically if there have been any changes since informing them of your pregnancy. This will include incidents where your employer has singled you out or treated you differently in comparison to your coworkers.

2: Speak to Your Human Resources Department

With your evidence collected, you should then contact your human resources (HR) representative. Whether this is through email or in person, it is your time to clearly stare your concern that your firing is related to your pregnancy or upcoming maternity leave. 

In this discussion, you should also ask that they provide a written explanation for your dismissal. This explanation will outline the reasons for such action and the process that was followed.

3: Seek Legal Help from an Employment Lawyer

Although some people might prefer to continue discussions with your employer, it is possible that the resolution you seek will not be offered. If this is the case, or you believe discrimination took place, then it is important to consult with a professional employment attorney. This expert will look at potential claims you might be able to make.

To conclude, although it is possible for your dismissal to be legal, it is illegal to fire an employee because they are pregnant or requesting maternity leave. If you find this situation is similar to your current one, then you should act quickly to find an effective solution.