You cannot legally be fired just because you took paternity leave. Laws in Massachusetts and other New England states protect fathers from losing their jobs for exercising their right to leave after the birth or adoption of a child.
Still, some employers violate the law, and proving wrongful termination can be difficult without legal help. Our Boston pregnancy discrimination lawyer (who also handles paternity and family-leave cases) will explain your rights, investigate what happened, and hold your employer accountable.
Our Pregnancy Discrimination Lawyer Will Lead Your Case
Employment laws about leave and job protection apply to mothers and fathers. If you believe your employer treated you unfairly for taking paternity leave, we will:
- Explain your legal rights under state and federal leave laws.
- Review whether your firing or demotion was connected to your leave.
- Gather evidence, such as emails, policies, or performance reviews.
- File complaints with state or federal agencies.
- Represent you in negotiations or in court.
Our employment lawyers handle a wide range of workplace issues, including discrimination, retaliation, wage and hour disputes, and wrongful termination.
Having an attorney matters because most employers have their own legal teams, and you deserve someone equally skilled on your side.
For a free legal consultation, call (860) 999-9394
What Laws Protect Job Protection After Paternity Leave?
Several laws may apply, depending on where you live and work:
- Paid Family and Medical Leave (PFML): Eligible employees in Massachusetts can take up to 12 weeks of paid family leave to bond with a new child. Employers cannot fire or retaliate against someone for using PFML.
- Connecticut Family and Medical Leave Act (CTFMLA): State law provides up to 12 weeks of job-protected leave in a 12-month period, with additional leave in certain cases.
- Rhode Island Parental and Family Medical Leave Act: This law requires employers with more than 50 workers to allow up to 13 weeks of job-protected parental leave over two years.
- Family and Medical Leave Act (FMLA): This federal law guarantees eligible employees up to 12 weeks of unpaid, job-protected leave per year..
Each of these laws has slightly different rules, but all provide job protection after paternity leave—meaning you should be reinstated to your old position or an equivalent one.
Can You Be Laid Off or Fired While Out on Paternity Leave?
This is where things get tricky. The law protects against termination because of your leave, but it does not grant absolute immunity from unrelated job actions:
- Allowed: A company-wide layoff or closure that affects everyone in your department.
- Not allowed: Targeting you for termination because you requested or took leave.
- Gray area: If an employer claims performance problems or restructuring, a lawyer can investigate whether this is a cover for retaliation.
Employers can try to disguise illegal firings as business decisions. Our Boston wrongful termination lawyer will review your situation and advise you on your next steps.
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How to Know If You Experienced Retaliation After Paternity Leave
Sometimes employers retaliate in less apparent ways than outright firing. Examples include:
- Cutting your hours or pay after you return.
- Reassigning you to less desirable tasks or shifts.
- Denying you promotions you would otherwise receive.
- Creating a hostile work environment meant to pressure you to quit.
These actions may still violate employment laws, even if you technically have a job. Our workplace retaliation lawyer in Boston can review your situation and determine whether you were wrongfully fired for taking paternity leave.
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Ways to Prove Wrongful Firing Following Parental Leave
Courts and agencies look for evidence that your firing was tied to your leave. Helpful evidence may include:
- Timing: Being fired shortly after requesting or returning from leave.
- Employer comments: Statements suggesting frustration with your absence.
- Inconsistent explanations: Changing reasons for your firing.
- Performance history: Positive reviews you received before your leave.
If these factors exist, our attorney will build a strong claim for wrongful termination or retaliation.
What to Do If Your Employer Lets You Go After the Birth or Adoption of a Child
If you believe your termination was illegal, you can take the following steps:
- Document everything: Save emails, texts, Human Resources documents, and performance reviews.
- Request the reason for your termination in writing: This creates a record of your employer’s explanation and can be useful evidence later.
- File a complaint: You can file with the Massachusetts Commission Against Discrimination (MCAD). In Connecticut or Rhode Island, you may file with your state’s human rights agency. You can also file under federal law with the Equal Employment Opportunity Commission (EEOC).
- Contact our law firm quickly: Filing deadlines are short, sometimes as little as 180 days. We encourage you to call us as soon as possible so we can advise you of your legal options and how we can help you.
Acting promptly increases your chance of protecting your rights and recovering lost wages.
How Damages Work in Paternity Leave Termination Cases
If you win your case, your recoverable damages may include:
- Lost wages and benefits: Pay and health coverage you lost after being fired.
- Future earnings: Income you would have earned had you not been unlawfully terminated.
- Emotional distress damages: For the stress and humiliation caused by retaliation.
- Attorney’s fees: In many cases, the employer must cover these if you prevail.
The goal is to return you to where you would have been without the illegal firing. Our team will consider every loss as we pursue damages on your behalf.
Fired After Returning From Paternity Leave? Call Us for Help
The law protects employees from being fired after returning from paternity leave, but some employers still break these rules. When that happens, you have legal options.
Duddy, Goodwin & Pollard’s attorneys focus on labor and employment representation, holding corporations accountable for unfair treatment. We are motivated by social justice and work on contingency, which means you pay nothing unless we recover damages for you.
Call today for a free consultation to speak with us about your rights and how we can help you move forward.
Call or text (860) 999-9394 or complete a Free Case Evaluation form