If you are pregnant or a new parent, you deserve rest to recover from childbirth and care for your new child. Maternity leave can provide this rest, but is your job safe while you are away? Can you be fired while on maternity leave?
In many cases, the answer is no. However, your job security depends on your specific circumstances and how you requested leave.
Maternity leave does not create absolute protection from every termination, but federal and Maryland laws can provide significant protections for eligible employees and substantial remedies if an employer violates the law.
If you were fired on maternity leave, our award-winning legal team at Smithey Law Group LLC can help you seek justice and relief. We are leaders in the Maryland employment law community, and we are effective advocates for employees in need.
Maryland’s Parental Leave Law Provides Important Protections
When people talk about Maryland FMLA laws, they may be referring to several different protections. Maryland has its own Parental Leave Act, while the federal Family and Medical Leave Act (FMLA) provides separate protections.
What Are My Rights Under Maryland’s Parental Leave Act?
Under the state Parental Leave Act, an eligible employee can receive up to six workweeks of unpaid parental leave during a 12-month period for:
- The birth of the employee’s child, or
- The placement of a child with the employee for adoption or foster care.
Under this law, an employer may require, or an employee may choose, substituting available paid leave for some or all of this period. And when the leave period ends, the employer generally must restore the employee to the same job or a job with equivalent pay, benefits, and conditions.
This Maryland law applies to employers:
- That have at least 15 but no more than 49 employees in Maryland for each working day during 20 or more calendar workweeks in the current or preceding year, and
- That are not covered by the federal FMLA for the current calendar year.
And an eligible employee generally:
- Must have worked for that employer for at least 12 months, and
- Must have worked at least 1,250 hours during the previous 12 months.
Before taking leave, an employee might have to provide up to 30 days’ written notice. But an employee can begin leave without notice if there is a premature birth, unexpected adoption, or unexpected foster placement.
How Does the Federal FMLA Protect Maternity Leave?
As you can see, Maryland’s maternity leave laws do not apply to everyone, and especially not to larger employers. Fortunately, the federal FMLA can take over for many employees in big workplaces.
The federal FMLA can provide eligible employees with up to 12 workweeks of job-protected leave during a 12-month period.
Qualifying reasons for leave include:
- The birth of a child,
- Caring for a newborn, or
- Caring for a child recently adopted or placed in foster care.
FMLA leave also covers employees who need to tend to the serious healthcare needs of certain family members and an employee’s own serious health condition, which may become relevant when pregnancy or childbirth causes medical complications.
FMLA leave is generally unpaid, although paid leave may run concurrently with it. An employer typically must restore a returning employee to the same or a virtually identical position and continue group health benefits under the same conditions.
Who Is Eligible for FMLA Leave?
Most employees seeking leave must:
- Work for an employer that has had at least 50 employees for at least 20 workweeks in the current or previous year,
- Work at a location where there are at least 50 employees within 75 miles,
- Have worked for the employer for at least 12 months, and
- Have at least 1,250 hours of service during the 12 months before their leave begins.
If you work for a public agency or a public or private elementary or secondary school, you may be eligible for leave regardless of your employer’s size.
How Do You Request FMLA Leave?
You do not necessarily need to say the words “FMLA leave” when making your first request. But you must give your employer enough information to understand that your leave may qualify for FMLA protection.
When the need for leave is foreseeable, employees generally must provide at least 30 days’ advance notice. If 30 days’ notice is impossible, notice generally must be provided as soon as practicable. And depending on the reason for leave, an employer may request certification or other supporting information.
When Can You Be Fired While on Maternity Leave?
During maternity leave, an employer can fire an eligible employee only for cause. Maryland law separately allows an employer, under specific circumstances, to deny restoration to the employee’s position if restoration would cause substantial and grievous economic injury to the employer’s operations and the statutory notice requirements are satisfied.
Absent the above-listed circumstances, an employer cannot discharge or discriminate against an employee because the employee requested or took protected parental leave, made a complaint, or participated in a claim regarding a leave law violation.
How Do You Make an Unlawful Termination Claim Under Maryland and FMLA Laws?
Employees whose employers violate Maryland’s Parental Leave Act can sue for damages. For an FMLA violation, an employee may file a complaint with the U.S. Department of Labor’s Wage and Hour Division or bring a private lawsuit.
An employee who was fired on maternity leave may be entitled to:
- Compensation for lost wages or salary,
- Job reinstatement,
- Reasonable attorney fees and costs,
- Employment benefits, or
- Other compensation denied or lost because of a violation.
The first step to making a successful claim is to speak to a knowledgeable Maryland employment lawyer with a history of success.
How Can a Maryland Employment Lawyer Help?
Losing your job while onmaternity leave can leave you trying to understand several laws at once while also tending to your health or caring for a newborn.
Our skilled Maryland employment lawyers can:
- Examine your employer’s stated reason for termination,
- Review your eligibility for protected leave,
- Analyze the timing of your termination,
- Review your performance history,
- Analyze your communications with supervisors or HR,
- Gather strong evidence to argue your position, and
- Handle a claim for relief.
An attorney can also identify which federal and Maryland protections may apply and which filing deadlines govern your claims. Smithey Law Group has an extensive history of effectively protecting employees’ rights and maximizing employees’ damages in workplace disputes.
Smithey Law Group Can Protect Your Livelihood and Your Family
Smithey Law Group is a leader in protecting Maryland employees in many workplace disputes. We can guide you regarding when you can and can’t be fired while on maternity leave, and we can hold your employer accountable for workplace violations.
You should not have to guess whether your employer crossed a legal line. And you should not have to confront an employer’s legal misconduct alone.
Smithey Law Group can provide you with support and award-winning advocacy to take on any Maryland employer. Please contact us online or by phone to discuss your case.
