If you were terminated upon returning from maternity leave, you may have a case for wrongful termination under both California and federal law. The California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA) protect your right to return to the same or a comparable position after maternity leave. If your employer fails to reinstate you or terminates your employment, they may be in violation of these laws, and you could be entitled to remedies such as reinstatement, back pay, and damages.
Legal Protections for Maternity Leave
Several key laws protect employees who take maternity leave, including:
- Family and Medical Leave Act (FMLA): A federal law that entitles eligible employees to take up to 12 weeks of unpaid leave for the birth of a child and ensures that they can return to the same or an equivalent position.
- California Family Rights Act (CFRA): Similar to the FMLA, this state law allows eligible employees to take up to 12 weeks of unpaid leave for the birth of a child and provides job protection.
- Pregnancy Disability Leave (PDL): California law that allows employees up to four months of leave for pregnancy-related conditions, in addition to the leave provided under FMLA and CFRA.
Rights Under These Laws
- Job Protection: Under FMLA and CFRA, you are entitled to return to the same or a comparable position after your leave. Termination upon returning from maternity leave can be considered a violation of these laws unless the employer can prove that the termination was for legitimate, non-discriminatory reasons unrelated to your leave.
- Non-Discrimination: It is illegal for employers to discriminate against employees for taking maternity leave. Any adverse action taken because of your leave may constitute discrimination.
- Reasonable Accommodation: If you need additional time off or accommodations upon returning due to medical conditions related to childbirth, your employer must provide reasonable accommodations under the Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA).
Steps to Take if Terminated After Maternity Leave
- Document Everything: Keep detailed records of your leave request, approval, and any communications with your employer before, during, and after your leave. Document the reasons given for your termination and any interactions with your employer related to your maternity leave.
- Request a Written Explanation: Ask your employer to provide a written explanation for your termination. This can be useful if you decide to pursue legal action.
- File a Complaint: You can file a complaint with the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC). These agencies will investigate your claim and determine if there is evidence of wrongful termination or discrimination.
- EEOC: To file a complaint, visit the EEOC website or contact their office. Complaints must typically be filed within 180 days of the discriminatory act, extendable to 300 days under certain conditions.
- DFEH: To file a complaint, visit the DFEH website or contact their office. You have up to three years to file a complaint from the date of the discriminatory act.
- Consult an Attorney: Seek legal advice to understand your rights and explore the possibility of filing a wrongful termination lawsuit. An attorney can help you navigate the legal process and represent you in negotiations or court if necessary.
Possible Remedies for Wrongful Termination
If you successfully prove that you were wrongfully terminated upon returning from maternity leave, you may be entitled to various remedies, including:
- Reinstatement: Getting your job back.
- Back Pay: Compensation for lost wages from the time of termination to the resolution of the case.
- Compensatory Damages: Compensation for emotional distress and other losses.
- Punitive Damages: Additional compensation to punish the employer for their discriminatory conduct.
- Attorney’s Fees: Reimbursement for legal costs incurred during the process.
Contact Eldessouky Law
Navigating the complexities of wrongful termination and maternity leave can be daunting. At Eldessouky Law, we are committed to ensuring that your rights are protected. If you believe you have been wrongfully terminated upon returning from maternity leave, contact us at Eldessouky Law to explore your options and protect your rights.
For more information on wrongful termination and your rights, visit our blog section where we continually update and educate our clients on the latest in employment law. Remember, taking maternity leave is your right, and the law is on your side. Call Eldessouky Law today to discuss your case and ensure your rights are safeguarded.
