Can You Be Fired While on Maternity Leave in New York?

You just had a baby. You did everything right. You told your employer about your leave, you followed the process, and you expected your job to be waiting for you when you got back. Then the call came: your position has been eliminated. Or your hours have been cut. Or you have been replaced.

If this happened to you, it is not just wrong. It may be illegal. New York has some of the strongest protections in the country for employees on maternity leave, and retaliating against someone for taking that leave violates multiple federal and state laws.

At Megan Thomas Law, PLLC, we represent employees across New York who have been punished for exercising their right to maternity leave. If you have been fired, demoted, or pushed out after having a baby, here is what you need to know about maternity leave retaliation.

Is It Legal to Fire Someone on Maternity Leave in New York?

In most cases, no. Multiple laws protect New York employees from being terminated because of pregnancy, childbirth, or taking maternity leave.

• Under the Family and Medical Leave Act (FMLA), eligible employees at companies with 50 or more workers are entitled to up to 12 weeks of unpaid, job-protected leave for the birth of a child. During that time, your employer must maintain your health insurance and hold your position (or an equivalent one) for your return.
• New York Paid Family Leave (PFL) provides up to 12 weeks of paid, job-protected leave to bond with a new child. This applies to employees at virtually all private employers in the state, regardless of company size.
• The New York State Human Rights Law (NYSHRL) makes it illegal for any employer in New York to fire, demote, or change the terms of employment because of pregnancy, childbirth, or a related condition. This applies to all employers, including those with just one employee.

If your employer fired you while you were on maternity leave, or shortly after you returned, that timing alone can be evidence of retaliation or discrimination.

What Does Maternity Leave Retaliation Look Like?

Retaliation does not always come in the form of a termination letter. Sometimes it is more subtle.

Here are some common signs that your employer may be retaliating against you for taking maternity leave:

• Termination or layoff shortly after returning from leave. If your position was suddenly eliminated or you were let go within weeks of coming back, the timing may suggest retaliation.
• Demotion or reassignment. Being moved to a lesser role, losing direct reports, or being stripped of responsibilities after leave is a red flag.
• Reduced hours or pay. Cutting your schedule or compensation after you return from maternity leave can constitute retaliation.
• Negative performance reviews. If your reviews were consistently positive before leave and turned negative immediately after, this pattern may support a retaliation claim.
• Exclusion from meetings, projects, or promotions. Being shut out of opportunities you previously had access to may indicate your employer is penalizing you for taking leave.
• Pressure to resign. Some employers make the work environment so uncomfortable after leave that you feel you have no choice but to quit. This could qualify as constructive discharge.

Any adverse action connected to your maternity leave may be grounds for a legal claim.

Laws That Protect You From Maternity Leave Retaliation

Several overlapping federal and state laws protect your right to take maternity leave without fear of punishment.

• Family and Medical Leave Act (FMLA). The FMLA prohibits covered employers from retaliating against employees who take protected leave. This includes termination, demotion, discipline, or any adverse employment action. To qualify, you must work for an employer with 50 or more employees and have worked at least 1,250 hours in the 12 months before your leave.
• New York Paid Family Leave (PFL). Your employer cannot retaliate against you for requesting or taking Paid Family Leave. This includes firing, demotion, pay cuts, schedule changes, or any other negative employment action. PFL protections apply to employees of all private employers in the state.
• New York State Human Rights Law. The NYSHRL prohibits pregnancy discrimination by all employers in New York, regardless of size. It is illegal to terminate, demote, or otherwise discriminate against an employee because of pregnancy, childbirth, or a related medical condition. You have up to three years to file a complaint with the New York State Division of Human Rights.
• Title VII and the Pregnancy Discrimination Act. Under federal law, employers with 15 or more employees cannot discriminate against employees based on pregnancy, childbirth, or related conditions. The Pregnancy Discrimination Act specifically prohibits adverse treatment connected to pregnancy or maternity leave.

What Should You Do If You Were Fired on Maternity Leave?

If you believe your employer retaliated against you for taking maternity leave, taking the right steps early can make a significant difference in the strength of your case.

• Document the timeline. Write down the key dates: when you notified your employer of your pregnancy, when your leave started and ended, and when the adverse action occurred. The closer the adverse action is to your leave, the stronger the inference of retaliation.
• Save all communications. Keep copies of emails, text messages, performance reviews, and any written documentation related to your leave or your employer’s decision. Use screenshots from your personal device rather than forwarding documents to a personal email address.
• Request a written explanation. If your employer has not given you a clear reason for the adverse action, ask for one in writing. Their response (or failure to respond) can become important evidence.
• Talk to an employment attorney before filing a complaint. Filing with the EEOC or the New York State Division of Human Rights without legal guidance can have unintended consequences. An experienced attorney can evaluate your situation, help you preserve evidence, and determine the strongest path forward.

What Damages Can You Recover for Maternity Leave Retaliation?

If your employer violated your rights, you may be entitled to compensation, including:

• Back pay and lost benefits for the wages and benefits you lost as a result of the retaliation.
• Front pay if returning to your former position is not practical.
• Emotional distress damages for the anxiety, stress, and harm caused by your employer’s actions.
• Punitive damages in cases involving particularly egregious employer conduct (available under New York law since 2019).
• Attorneys’ fees and costs, so pursuing your case does not come at your own expense.

New York State law does not cap compensatory damages in discrimination cases. The value of your claim depends on the specific facts and the extent of the harm you suffered.

Talk to Megan Thomas Law About Maternity Leave Retaliation

Having a baby should never put your career at risk. If your employer fired you, demoted you, or retaliated against you for taking maternity leave, you have legal options.

At Megan Thomas Law, we help employees across New York hold their employers accountable when they violate the law. We know how intimidating it can feel to take on your employer, and we are here to stand with you through every step of the process.

Contact us today for a confidential consultation.

*The information provided in this post is for general informational purposes only and is not intended as legal advice. Viewing this post, commenting, or engaging with it does not create an attorney-client relationship.