Maternity leave is an important benefit for new mothers. It allows them time to recover from childbirth, bond with their new child, and focus on their family. However, a worry for many new mothers is job security during this time. While federal laws offer job protection during maternity leave, it is still possible to get laid off. The skilled lawyers at Ben Barrett Law can offer experienced representation and legal advice. Speak with an Atlanta employment retaliation attorney if you believe your rights have been violated in the workplace.
What is the FMLA?
The FMLA (Family and Medical Leave Act) is a federal law that provides eligible employees with up to 12 weeks of unpaid leave. Only some reasons fall under this act, including taking care of a sick family member, dealing with a serious health concern, or taking parental leave.
Whether you are giving birth or adopting a child, as long as you are eligible you can take 12 weeks of job-protected maternity leave. Under the FMLA, employers cannot fire an employee for taking maternity leave. This is called retaliation and is illegal.
Can I Be Laid Off During Maternity Leave?
Yes, it is possible to be legally laid off during maternity leave. Although you may be covered under the FMLA or state laws, you can still be terminated. It is important to note that a mother taking maternity leave cannot be laid off because of the leave they are taking. However, employers may decide to do layoffs out of necessity or for a valid business reason.
You may be laid off because the company is restructuring, downsizing, or simply cannot afford to keep everyone on board. If you do get laid off suspiciously close to or during your maternity leave, it is crucial that you understand your legal rights.
What Can I Do if I Get Fired During Maternity Leave?
If you get laid off during maternity leave, it is important that you understand your rights and take the necessary steps to protect yourself.
- First, review your company’s policies and any state laws that may provide additional protections. Educate yourself on all relevant information.
- Keep documentation of everything including your leave request and all communications between yourself and your employer regarding your leave. Performance reviews and feedback may also be useful.
- Reach out to your HR department. They may be able to help clarify whether the layoff was related to your leave or give you additional information about the situation and your rights.
- Consult an employment attorney. If you believe your layoff violated your rights and was retaliation or due to your leave, a lawyer can help assess the situation and inform you of your options.
The fear of being laid off during maternity leave is all too common and understandable. Knowing your rights and options can help ease your worries and ensure you are prepared for any outcome. Speak to an experienced attorney today for more information.
