You did everything right. You told your employer you needed time off for the birth or adoption of your child. You submitted the paperwork. You followed every policy. Then, while you were home with your newborn, you got the call: your position has been eliminated. Or you returned to find your job had been given to someone else.
If you were fired while on parental leave in California, your employer may have broken the law. Multiple state and federal statutes protect your right to take leave for the birth or placement of a child, and terminating you for exercising that right can give rise to claims for discrimination and retaliation.
What Laws Protect Parental Leave in California?
California provides some of the most extensive parental leave protections in the country. Several overlapping laws may apply to your situation, and understanding how they work together is critical to knowing your rights.
California Family Rights Act (CFRA)
Under Government Code section 12945.2, eligible employees can take up to 12 weeks of unpaid, job-protected leave to bond with a new child, whether through birth, adoption, or foster care placement. CFRA applies to employers with five or more employees.
To qualify, you must have worked for the employer for at least 12 months and logged at least 1,250 hours in the year before your leave. Both parents are eligible for CFRA bonding leave, regardless of gender.
Pregnancy Disability Leave (PDL)
Under the Fair Employment and Housing Act (FEHA), employees disabled by pregnancy, childbirth, or a related medical condition are entitled to up to four months (approximately 17 weeks) of job-protected leave.
PDL applies to employers with five or more employees and has no minimum service requirement. During PDL, your employer must maintain your health insurance on the same terms as if you were actively working.
Family and Medical Leave Act (FMLA)
The federal FMLA provides up to 12 weeks of unpaid, job-protected leave for eligible employees to bond with a newborn or recover from childbirth. FMLA applies to employers with 50 or more employees within a 75-mile radius.
For California employees, FMLA leave typically runs concurrently with PDL but separately from CFRA bonding leave.
Paid Family Leave (PFL)
This state program, administered by the Employment Development Department (EDD), provides partial wage replacement for up to eight weeks while you bond with a new child. PFL is a benefits program and does not provide job protection by itself.
However, using PFL does not give your employer the right to fire you, and your job may still be protected under CFRA or FMLA during that time.
These protections can be stacked. A California employee who gives birth may be entitled to up to four months of pregnancy disability leave followed by 12 weeks of CFRA bonding leave. That combination can potentially total more than seven months of job-protected time off.
When Is Firing Someone on Parental Leave Illegal?
California law prohibits employers from terminating an employee for taking or requesting protected parental leave.
Specifically, it is unlawful for your employer to:
- Fire you because you took or requested CFRA leave, PDL, or FMLA leave
- Eliminate your position while you are on leave and then hire someone else for the same or a substantially similar role
- Refuse to reinstate you to your same or a comparable position when your leave ends
- Retaliate against you for asserting your right to take parental leave
- Treat you less favorably because of your pregnancy, parental status, or use of leave
Employers sometimes claim that a termination during parental leave was due to a legitimate business reason, like a company restructuring or a reduction in force.
But if the timing is suspicious, if your position was filled by someone else shortly after your departure, or if similarly situated employees who did not take leave were retained, those facts can indicate that the real reason for the termination was your leave.
Red Flags That Your Termination May Be Unlawful
Not every termination during parental leave is illegal. Employers can lay off employees for genuine business reasons, even during leave.
But certain patterns suggest that something else is going on:
- Your employer filled your role permanently before your leave ended
- You were excluded from communications, projects, or meetings after announcing your pregnancy or leave plans
- Your performance reviews were positive before your leave but suddenly turned negative upon your return
- HR told you your position was “eliminated,” but the company later posted the same or a similar job under a different title
- Your employer or supervisor made comments suggesting that parents are “less committed” or “not a good fit” for the role
- Other employees who took non-parental leave (such as medical leave for surgery) were not treated the same way
Any of these patterns can serve as circumstantial evidence that your termination was motivated by your pregnancy, parental status, or use of protected leave. Courts look at the totality of the circumstances, and a combination of these factors can build a strong case.
Steps to Take If You Were Fired While on Parental Leave
If you believe you were terminated because of your parental leave, take these steps to protect your legal rights:
- Get the reason in writing. Ask your employer for a written explanation of why you were terminated. Their stated reason becomes part of the record, and inconsistencies between what they told you verbally and what they put in writing can strengthen your case later.
- Preserve all documentation. Save copies of your leave request, any approval or denial communications, performance reviews, emails, and messages related to your leave or termination. Do this before you lose access to work email, internal systems, or HR portals. Forward relevant documents to a personal account if possible.
- File a complaint with the CRD. Before filing a lawsuit under FEHA or CFRA, you must first file an administrative complaint with the California Civil Rights Department. You have three years from the date of the adverse action to file. When you file, you can request an immediate right-to-sue notice, which allows you to proceed directly to court without waiting for a CRD investigation.
- Talk to an employment attorney. Parental leave termination cases involve multiple overlapping statutes with different eligibility requirements and deadlines. An experienced California employment lawyer can evaluate which claims apply to your specific situation, help you preserve evidence, and build the strongest possible case.
What Remedies Are Available If Your Employer Violated Your Rights?
If you prevail on a parental leave discrimination or retaliation claim under FEHA or CFRA, you may be entitled to:
- Reinstatement to your former position
- Back pay and lost benefits from the date of termination
- Compensation for emotional distress
- Punitive damages if the employer acted with malice or oppression
- Attorney’s fees and costs
The specific remedies available depend on the facts of your case. But FEHA does not cap compensatory or punitive damages, which means California employees often have access to broader relief than what federal law alone provides.
Contact Malk Law Firm If You Were Fired on Parental Leave
Being fired while on parental leave is not just unfair. If it was motivated by your pregnancy, parental status, or use of protected leave, it is illegal under California law. You have the right to take the leave you are entitled to, and your employer cannot punish you for it.
At Malk Law Firm, we represent employees throughout California who have been retaliated against for taking legally protected leave. If you were terminated during or after parental leave and believe your employer’s actions were unlawful, contact us today for a confidential consultation.
We will review your situation and help you determine the best path forward.