Can I Be Fired for Taking Maternity Leave?

Employees in Florida who become pregnant and take maternity leave should be able to expect that they can return to their jobs, in the same position and at the same rate of pay, if they qualified for FMLA leave or otherwise used sick or leave time available through the terms of their employment. However, much too often, employees return to their jobs after giving birth to be informed that they have been demoted or transferred to a different position, or employees learn that they have been terminated while on maternity leave. If any of these circumstances apply to you, or if you have concerns about them leading up to your plans to take maternity leave, it is important to know your rights.

In short, if you are eligible for FMLA leave and appropriately request the leave time to which you are entitled, your employer cannot fire you or take adverse actions against you while you are exercising your rights under the FMLA. Even if you are not eligible for FMLA leave, you may be eligible to use accrued sick time or other benefits through your employer without experiencing any adverse actions. Consider the following information from Palm Beach Gardens FMLA lawyer at Sconzo Law Office.

Eligibility for FMLA Maternity Leave 

Many employees in South Florida take what they consider to be “maternity leave” through the Family and Medical Leave Act, or FMLA. The FMLA does allow a covered employee to take up to 12 weeks of job-protected leave after giving birth to a newborn, as well as for other family and medical reasons (including after adoption or placement of a foster child, meaning that you do not need to physically give birth in order to be eligible).

To be eligible, first you will need to determine if you work for a “covered” employer. Private employers with 50 or more employees, and public employers, are “covered.” Next you will need to determine if you are an eligible employee. To be eligible, the following must be true of your employment history:

• You have worked for your current employer for at least 12 months;
• You have worked for at least 1,250 hours during the last 12 months; and
• You work at a location where your employer has at least 50 employees in the 75-mile area.

Employees should provide at least 30 days notice to their employer of their plans to take FMLA leave for the birth of a child. If an employer denies FMLA leave, or takes adverse action in response to your decision to take FMLA leave, you may be able to file a claim because your employer may be in violation of federal law.

Maternity Leave Through Your Employer 

Regardless of whether or not you qualify for FMLA leave, your employer may have a maternity or family leave policy that provides you with more benefits than the FMLA does.

For employees who are not eligible for FMLA leave, it may be possible to use accrued sick time or other benefits to take maternity leave. A lawyer can help you to identify possible options.

Contact Our Palm Beach Gardens FMLA Lawyers 

Do you have questions about taking job-protected maternity leave, or did you face adverse action from your employer after taking maternity leave? It is critical to seek legal advice as soon as you can because you may be able to file a claim. You may be able to seek damages in addition to job reinstatement with help from one of the experienced Palm Beach Gardens FMLA attorneys at Sconzo Law Office. Contact us today to get started on your claim.

Source:

dol.gov/agencies/whd/fact-sheets/28q-taking-leave-for-birth-placement-child