Fired While on Pregnancy Disability Leave in California
Contrary to what most people and what most employers believe, leave for pregnancy or pregnancy / postpartum related issues is not limited to PDL and FMLA/CFRA. Just as with other disabling conditions, an employer must generally also consider extending leave as a reasonable accommodation.
Can an Employer Fire You While You Are Pregnant or on Pregnancy Disability Leave?
In most cases, no.
California law provides strong protections for employees who are pregnant, recovering from childbirth, or dealing with pregnancy-related medical or mental health conditions. Firing an employee because of pregnancy, pregnancy-related disability, or the need for leave is often unlawful.
Despite this, pregnancy-related terminations remain common.
Pregnancy Disability Leave Is Not Optional for Employers
California’s Pregnancy Disability Leave (PDL) law applies to employers with five or more employees and protects workers who are disabled by pregnancy, childbirth, or related medical conditions.
Pregnancy disability can include:
Pregnancy itself
Severe morning sickness
Gestational diabetes
Preeclampsia
Pregnancy-related complications
Recovery from childbirth
Postpartum medical conditions
An employer may not fire an employee simply because she needs pregnancy-related leave
Pregnancy Leave Is Separate From FMLA and CFRA
This is where employers frequently get it wrong.
Pregnancy Disability Leave:
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Applies even when FMLA or CFRA do not
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Has different eligibility rules
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Exists independently of family-bonding leave
Many employers incorrectly deny protection because the employee:
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Has not worked long enough
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Does not qualify for CFRA
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Has already used other leave
Those mistakes often lead directly to liability.
Even when FMLA or CFRA leave is offered, employees are often fired while on FMLA or CFRA leave, which is generally unlawful unless the employer can prove the decision was unrelated to the leave.”
Pregnancy Is Also a Protected Disability Under California Law
In addition to PDL, pregnancy-related conditions are protected under California’s disability discrimination laws.
This means employers must:
Engage in a good-faith interactive process
Consider reasonable accommodations
Avoid termination as a first response
Accommodations may include:
Medical leave or extended leave
Modified duties
Temporary schedule changes
Remote work (when feasible)
Gradual return-to-work arrangements
Firing an employee instead of accommodating pregnancy-related limitations is frequently unlawful.
Postpartum Recovery Is Protected
Protection does not end at childbirth.
Postpartum recovery may involve:
Physical healing
Surgical recovery (including C-sections)
Hormonal changes
Medical complications
Medical leave related to postpartum recovery can qualify as:
Pregnancy Disability Leave
A reasonable accommodation
Protected disability leave
Postpartum mental health conditions — including postpartum depression and anxiety — generally qualify as protected disabilities under California law.
Employees may need:
Medical leave
Reduced schedules
Temporary accommodations
Time to stabilize or receive treatment
Employers frequently mislabel these situations as:
“Performance issues”
“Attendance problems”
“Inability to meet expectations”
Employers who terminate employees shortly after childbirth often underestimate the scope of California’s protections for pregnancy and pregnancy-related health conditions.
Common Ways Employers Illegally Fire Pregnant Employees
Employers often terminate employees with pregnancy-related conditions by:
Eliminating the position during pregnancy/ leave (while replacing employee)
Citing attendance tied to leave for pregnancy complications
Firing shortly after announcing pregnancy using a false reason
Terminating immediately after leave begins using a false reason
Ending employment shortly after return from leave using a false reason
Timing matters — and pregnancy-related timing is closely scrutinized.
Being Fired After Pregnancy Leave Ends
Some employers wait until pregnancy leave ends and then fire the employee.
This does not insulate the employer.
Firing an employee shortly after returning from pregnancy-related leave may support claims for:
Pregnancy discrimination
Disability discrimination
Retaliation
Failure to accommodate
Especially when performance concerns appear suddenly after leave having not been mentioned prior to pregnancy leave.
Mental Health + Pregnancy: Where Employers Make the Worst Mistakes
Cases involving pregnancy and mental health are especially mishandled.
Employers often:
Ignore doctors’ notes
Refuse to discuss accommodations
Rush to termination
Treat emotional symptoms as misconduct
These cases are frequently stronger than employers expect.
“We Couldn’t Hold the Job Open” Is Rarely a Defense
Employers often claim they could not keep a position open during pregnancy leave.
That argument often fails.
California law requires employers to:
Consider temporary coverage
Evaluate accommodations
Engage in the interactive process
Automatically firing a pregnant employee because leave is inconvenient is unlawful.
Do You Have a Case?
You may have a claim if:
You were fired while pregnant
You were terminated while on pregnancy disability leave
You were fired shortly after childbirth
You were fired after requesting pregnancy-related leave
Your employer refused accommodations
You were terminated for postpartum depression or anxiety
Your job was “eliminated” during pregnancy or leave
California law is clear: pregnancy-related health needs are protected.
You do not need to know you have a case before reaching out. Many of our clients were unsure at first. They simply knew something felt wrong. We can review what happened to you and help you understand your options.