You cannot be fired because you took maternity leave. Federal and state laws protect your job and prevent discrimination based on pregnancy or parental leave.
However, your employer may still take actions for unrelated reasons, such as company-wide layoffs or documented performance problems.
This is why it’s important to know your rights and understand what protections apply to you. Our Boston pregnancy discrimination lawyer will review your situation and help you take action if your employer violated the law.
We can also guide you through complex employment statutes and hold your employer accountable if you were treated unfairly after leave.
How Our Lawyer Can Lead Your Maternity Discrimination Case
If you feel that your job was threatened because you had a baby or took time off, our wrongful termination lawyer in Boston can help.
Our employment lawyers handle issues such as:
- Wrongful termination based on pregnancy or childbirth.
- Unequal treatment compared to co-workers who did not take leave.
- Failure to reinstate you to the same or a similar job after leave.
- Retaliation for exercising your right to family or medical leave.
- Denied accommodations for pregnancy health needs.
Employers often have Human Resources (HR) teams and lawyers protecting their side. Having your own lawyer helps even the odds. We will explain your rights in plain language and fight for damages if you were wrongfully fired.
We Must Show How Your Firing Was Related to Your Maternity Leave
When an employee is fired after taking maternity or family leave, a lawyer can step in to protect their rights and push back against unlawful treatment. A lawyer will:
- Investigate: Gather documents, timelines, and witness statements to see if your firing violated the law.
- Explain your rights clearly: Walk you through federal and state laws so you understand your protections.
- File complaints with agencies: Send claims to the Massachusetts Commission Against Discrimination (MCAD) or the federal Equal Employment Opportunity Commission (EEOC).
- Negotiate with your employer: Work with your employer to reach a fair settlement.
- Represent you in court: If negotiations fail, advocate for you in front of a judge or jury.
Employers often have entire HR teams and attorneys working for them. Having your own lawyer ensures your side is heard and that you are not left to face the system alone.
For a free legal consultation, call (860) 999-9394
Job Protection After Maternity Leave: What Federal Laws Say
Federal law offers baseline protection for new parents:
- Family and Medical Leave Act (FMLA): Under this law, eligible employees can take up to 12 weeks of unpaid, job-protected leave. Your employer must give you back the same or a similar job when you return.
- Pregnancy Discrimination Act (PDA) of 1978: An amendment to Title VII of the Civil Rights Act, this law prohibits firing, demoting, or discriminating against employees because of pregnancy, childbirth, or related conditions.
These laws apply only if you and your employer meet certain requirements. For example, FMLA generally covers employers with 50 or more workers and employees who have worked at least 1,250 hours in the past year.
Maternity Leave Protections in Massachusetts
Massachusetts goes beyond federal law with additional protections:
- Paid Family and Medical Leave (PFML): Under this law, most workers can take up to 12 weeks of paid leave to bond with a new child.
- Massachusetts Maternity Leave Act (MMLA): Even before PFML, the state required employers with six or more workers to give up to eight weeks of job-protected leave for childbirth or adoption.
Massachusetts law makes clear that when you return, your employer must restore you to your previous job or one with the same pay, benefits, and status. Employers cannot punish you for using your leave.
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What About Maternity Leave in Connecticut and Rhode Island?
If you live or work in other parts of New England, protections may differ slightly:
- Connecticut: The Connecticut Family and Medical Leave Act gives eligible workers up to 12 weeks of job-protected leave in 12 months. A separate program provides paid leave. Employers cannot fire you for using this time.
- Rhode Island: The Rhode Island Parental and Family Medical Leave Act gives eligible workers up to 13 weeks of job-protected leave in two years. Rhode Island also has Temporary Caregiver Insurance (TCI), which pays partial wages during leave.
While each state sets its own rules, all three—Massachusetts, Connecticut, and Rhode Island—ban firing someone because they took maternity leave.
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Can You Be Laid Off or Fired While on Maternity Leave?
You can be laid off or fired while on maternity leave, but only under certain circumstances. Your employer cannot fire you because of maternity leave, but they may still take action if:
- The company is doing widespread layoffs that affect many employees.
- Your position was legitimately eliminated for business reasons unrelated to pregnancy.
- There were documented performance or conduct issues before your leave period.
Employers must prove the decision had nothing to do with your leave. If you suspect otherwise, our employment lawyer will investigate whether your employer violated your rights.
Common Signs of Maternity Leave Discrimination
It is not always obvious that pregnancy discrimination at work is happening. Some red flags include:
- Being reassigned to a lower-level role after returning.
- Losing pay, benefits, or seniority that you had before leave.
- Facing hostile comments about taking time off to have a baby.
- Being excluded from opportunities or meetings after you return.
- Sudden negative performance reviews that did not exist before leave.
If you experience these signs, your job protection after maternity leave may have been violated.
What to Do If You Believe You Were Fired After Childbirth Leave
If you think your employer fired you for taking maternity leave, you should:
- Gather documents: Keep copies of termination notices, performance reviews, emails, and any leave paperwork.
- Write down details: Record dates, names, and conversations related to your firing or treatment.
- File a complaint: In Massachusetts, you can file with the MCAD or the EEOC.
- Speak with a lawyer from our firm: Our labor and employment lawyer will explain your options, including filing a lawsuit if needed.
Recoverable Damages in Wrongful Termination Cases
If you were wrongfully fired after maternity leave, you could recover compensation that accounts for the financial and emotional harm you experienced. Possible damages include:
- Lost income: Pay you would have earned had you not been fired.
- Lost benefits: Health insurance, retirement contributions, and other job-related benefits you lost.
- Future earnings: If losing your job sets back your career, you may be able to recover for reduced earning power.
- Emotional distress: Compensation for stress, anxiety, or humiliation tied to losing your job unfairly.
- Legal costs: In some cases, the law requires employers to cover your legal expenses, such as attorney’s fees.
- Punitive damages: Extra damages that punish employers if they acted with intent or malice
These damages aim to restore both your financial and personal well-being.
We Will Protect Your Rights After Maternity Leave — Call Us
Employees who are fired after returning from maternity leave may have legal claims against their employers. If you were wrongly let go after taking time off for pregnancy and recovery, Duddy, Goodwin & Pollard will fight for you.
Our firm believes in holding corporations accountable when they break the law. We offer representation in labor and employment cases, including pregnancy discrimination, wrongful termination, and retaliation.
When we meet with you, we will cover maternity and parental leave laws in Massachusetts, Rhode Island, or Connecticut, depending on where you live, and answer your questions. We provide this service at no upfront cost; you pay nothing unless we recover damages for you.
Our team is ready to listen and help. Contact us today for a free consultation.
Call or text (860) 999-9394 or complete a Free Case Evaluation form