Can I Be Fired for Being Pregnant or Needing Leave?

Federal and state laws protect pregnant workers against unlawful termination, retaliation, or losing their jobs for taking pregnancy leave or having pregnancy-related conditions.

If your employer acts against you when you become pregnant or refuses to provide accommodations, you have legal recourse. Contact an employment law attorney to understand your legal rights against pregnancy discrimination.

Legal Protections for Pregnant Employees

While U.S. federal law does not require employers to give paid maternity leave, it does require job-protected leave and protections for pregnancy-related conditions.

Several federal laws that protect pregnancy-related leave, including:

• Title VII of the Civil Rights Act of 1964
• Pregnancy Discrimination Act (PDA)
• Pregnant Workers Fairness Act (PWFA)
• Family and Medical Leave Act (FMLA)
• Americans with Disabilities Act (ADA)
• PUMP for Nursing Mothers Act

These federal laws let pregnant workers take limited unpaid leave for pregnancy and childbirth and protect pregnant workers from discrimination or retaliation for pregnancy-related conditions. The PUMP Act requires employers to offer reasonable break time and lactation space for workers to express breast milk.

Many local and state laws have stronger legal protections than federal laws. About 12 states have paid family leave programs, including California, Massachusetts, and New York. Other states offer additional unpaid leave protections and pregnancy accommodations. To understand your state’s pregnancy protection laws, talk to a local employment rights lawyer.

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Your Rights Under the Pregnant Workers Fairness Act (PWFA)

The PWFA is the most recent federal employment rights law that applies to pregnant workers. It applies to employers with 15 or more employees. Covered employers must provide reasonable accommodations to qualified employees for known limitations arising from pregnancy, childbirth, and related conditions.

A reasonable accommodation is a change in the work environment that allows the employee to do their usual work activities. Covered employers must provide reasonable accommodations unless doing so would cause them undue hardship, such as significant difficulty or expense.

Examples of accommodations for pregnant workers include:

• Light duty work
• Remote or telework
• Additional bathroom breaks
• A private place to pump breast milk
• Time off or schedule changes for maternal healthcare appointments

Your Rights Under the Pregnancy Discrimination Act (PDA)

Under the PDA, employers cannot discriminate against workers based on pregnancy or pregnancy-related conditions.

The PDA also applies to workers based on the potential for pregnancy. This protects women who may face discrimination because employers think they may get pregnant and take leave. Prohibited adverse employment actions include layoffs, termination, lower pay, and denied promotions based on pregnancy.

Like other parts of the Civil Rights Act, the PDA applies to employers with 15 or more employees. However, state and local laws may apply similar or stronger protections to smaller employers.

Your Rights Under the Family and Medical Leave Act (FMLA)

The FMLA provides job-protected leave for the birth of a child, serious health conditions, or caring for a family member. The FMLA does not require paid leave; it protects a worker’s job during unpaid leave. Workers can also keep their health insurance benefits during FMLA leave, which covers the birth of a child and time to bond with the newborn child. The law applies to employers with 50 or more employees in 20 or more workweeks.

To be eligible for FMLA leave, you must have worked at least 12 months for at least 1,250 hours in the prior eligibility period. Either parent can take FMLA leave but must provide 30-day advance notice for foreseeable absences. If an absence is not foreseeable, provide notice as soon as possible.

Your employer can request a medical certification. When you return from work, they can’t just offer any job. FMLA protects your right to return to a nearly identical job with the following:

• Same shift or work schedule
• Geographically proximate worksite
• Same or similar duties and responsibilities
• Same level of skill, status, and authority
• Identical pay and benefits

State laws may provide similar or stronger protections than the FMLA with broader applicability to smaller employers. Check with your local workers’ rights agency to understand your available pregnancy disability leave rights.

Your Rights Under the PUMP Act

The PUMP Act requires employers to provide nursing mothers with reasonable time and a private place to pump at work. Employers cannot just tell nursing workers to use the bathroom.

Breastfeeding workers must have access to a private lactation space. Some state laws provide additional requirements for employer lactation spaces.

Steps To Take if Faced with Discrimination

Discrimination against pregnant workers is not always obvious. Employers may use the pretext of some other reason for firing pregnant employees. For example, if an employer suddenly gives a negative performance review after learning an employee is pregnant, they can say the reason was poor performance. However, this rationale conceals the discriminatory decision to fire a pregnant worker.

If you are facing discrimination or denied leave based on pregnancy, you can file a complaint with the appropriate state or federal agency. The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws in employment. Workers can also file a complaint with their local state civil rights agency.

Learn more about filing a complaint with the EEOC and potential legal remedies.

Seeking Legal Help

When pregnant workers face discrimination, retaliation, or wrongful termination, it cannot come at a worse time. An experienced attorney can help you through the process to make sure you protect your legal rights.

For legal advice about what to do if you were fired for pregnancy leave, talk to an experienced employment and labor lawyer.