Can I Get Laid Off During Maternity Leave?
Posted January 9th, 2025.
Categories: Blog.
Giving birth or adopting a child is a magical time, filled with heightened emotions, joy, pain, and everything in between. The last thing that new mothers should have to worry about is their employment status but it is a valid concern. During maternity leave, employees may wonder if they can get laid off or if they will have a job to return to once their leave is over. While many employees are afforded job-protected maternity leave, it is possible to be terminated during this time. If you believe you were illegally fired, contact a Cherry Hill employment law attorney to discuss your situation and learn more about your rights.
What Legal Protections Are Offered to New Mothers?
In New Jersey, both federal and state laws protect new mothers from losing their jobs due to maternity leave. At the federal level, the FMLA (Family and Medical Leave Act) offers eligible employees up to 12 weeks of unpaid but job-protected leave in a 12-month period. NJ state law enforces the NJFLA (New Jersey Family Leave Act) which provides eligible employees 12 weeks of job-protected leave during a 24-month period.
Both of these acts apply to new parents. The leave is designed to allow time for parents to recover from labor and bond with their new child. Under these laws, employees must be reinstated to their former position upon their return, or a position with similar job functions. Employers cannot terminate an employee for taking maternity leave under the FMLA or NJFLA.
What is Retaliation?
Retaliation occurs when an employer treats an employee negatively or takes adverse action against them unjustly. Retaliation is generally “payback” for the employee exercising their rights.
For example, employers may be unhappy that a woman is taking maternity leave because they have to find a temporary replacement and they will be out of the office for several months. Any adverse action against her based solely on her leave is considered retaliatory. This can include firing, demoting, cutting wages, and more. Retaliation against employees for exercising their FMLA and NJFLA rights is illegal.
Can I Get Laid Off During Maternity Leave?
Yes, you can get laid off during maternity leave. Despite the fact that both federal and state laws protect new mothers in New Jersey, there can still be valid and legal reasons to let someone go.
Whether the company is downsizing, restructuring, or simply realized they no longer need your position, your employer can lay you off or fire you during maternity leave as long as your leave has nothing to do with their decision.
If you are laid off because you took maternity leave that is rightfully yours, it is considered retaliation and your employer could face various legal repercussions. Gather all relevant information and reach out to a skilled attorney for more information on how you can protect your rights in the workplace.
