Can My Employer Fire Me For Taking Time Off to Give Birth?

If you are considering having children or are actively pregnant, you may question whether or not your employer is legally allowed to fire you for taking time off to give birth. This is a fair question and common among new working parents. Read on to learn the answer.

The Law Protects New Parents

According to the United States Department of Labor, “The Family and Medical Leave Act (FMLA) entitles an eligible employee to take up to 12 workweeks of job-protected unpaid leave for the birth or placement of a son or daughter, to bond with a newborn or newly placed son or daughter, or to care for a son or daughter with a serious health condition.”

This means your employer may NOT fire you for taking up to 12 workweeks off to give birth and bond with your baby. However, as you can tell from the way the law is written, your employer is not required to pay you for the time you take off to give birth.

It Is Unlawful for Your Employer to Fire You for Giving Birth

If your employer terminates you for giving birth, you may have a wrongful termination case against them. Unexpectedly losing your job can be devastating, and it is not something you should have to face after giving birth to your child.

If this has happened to you, do not hesitate to reach out to our office right away to learn more about your rights and legal options. We have helped many other people in similar situations and we may be able to help you too.

Don’t delay—contact us right away to learn more about what we can do for you.

Contact our team of skilled attorneys today with the details of your case by calling (949) 379-6250 or by filling out the online contact form.