Could You Be Facing FMLA Violations and Maternity Leave Discrimination at Work?

TL;DR

FMLA violations and maternity leave discrimination can happen when an employer denies protected leave, punishes an employee for taking it, or treats them unfairly because of pregnancy or childbirth. Knowing the warning signs and understanding your rights can help you decide what steps to take if your employer crosses the line.

Your employer may be violating your rights if you are punished, demoted, or fired because you took protected maternity leave. FMLA violations and maternity leave discrimination can happen when an employee returns from leave and suddenly finds her job, schedule, responsibilities, or treatment has changed. 

So what constitutes a change? 

Maybe your manager tells you that your position has changed. Maybe your hours are cut, or you are suddenly told your performance is not good enough. In some situations, these actions may raise concerns. Under the FMLA, eligible employees generally have the right to return to the same or an equivalent position after protected leave. 

Federal laws also protect workers from discrimination because of pregnancy, childbirth, or related medical conditions. The Pregnant Workers Fairness Act provides additional protections for reasonable workplace accommodations in qualifying situations.

Not every workplace problem after maternity leave is automatically an FMLA violation. But if an employer blocks, discourages, or punishes an eligible employee for using protected FMLA leave, that can raise serious legal concerns. The FMLA protects eligible employees who take qualifying leave and generally requires employers to restore them to the same or virtually identical position when they return. 

So, what can an FMLA violation look like in real life? 

Discouraging you from taking leave: 

Suppose an employee tells her manager she needs FMLA leave after having a baby. Her manager responds, “You really should think twice about taking that much time off” or “We may need someone else for your job.” Comments like this may be a warning sign if they are meant to discourage the employee from using a protected right. 

Refusing qualifying leave:

An employee generally cannot simply deny qualifying FMLA leave because it is inconvenient. For example, an employee who meets the FMLA requirement requests leave to bond with a newborn, but the employer says, “We are too busy right now, so you cannot take it.” If the leave qualifies under the law, that denial may be unlawful interference.

Interfering with approved leave: 

Imagine you are already on approved leave, but your manager keeps demanding that you work, answer routine emails, or handle projects that could wait until you return. Depending on the circumstances, this could interfere with your protected leave rights.

Failing to restore you to an appropriate position: 

When an eligible employee returns from FMLA leave, the employer generally must restore that employee to the same or a virtually identical position. If you return to find that your job has been replaced with a significantly different role, lower pay, or substantially different terms, it may be worth asking why.

Punishing you for protected leave: 

Retaliation means punishing someone for using a legal right. For example, an employee takes approved FMLA leave and suddenly receives discipline for absences that were protected by FMLA. The Department of Labor states that employers cannot discriminate or retaliate against employees for exercising their FMLA rights.

If something like this happens, keep emails, notices, performance reviews, schedules, and other records. These details can help show what happens before, during, and after you leave.

Returning to work after having a baby should not mean returning to a completely different workplace. Yet, some employees notice a change almost immediately. Former managers who once trusted them may suddenly question their commitment. Important projects may disappear from their desks. Their schedule may change without a clear reason. 

This type of treatment can raise concerns about maternity leave discrimination or pregnancy discrimination, depending on the facts. Federal law protects employees from discrimination because of pregnancy, childbirth, or related medical conditions. 

Here are some warning signs to watch for: 

Treating an employee differently after pregnancy

Suppose you return from maternity leave and your manager suddenly treats you as less reliable, even though your work record has not changed. For example, you are left out of meetings you used to attend or important decisions you used to help make. A sudden change in treatment may be worth documenting, especially if it appears connected to your pregnancy, childbirth, or leave. 

Reducing responsibilities after maternity leave 

You come back expecting to handle the same work, but your biggest accounts have been given to someone else. Now you're left with smaller tasks and fewer opportunities to show what you can do. A change in duties is not automatically discrimination, but it can become a concern if your pregnancy or maternity leave played a role in the decision. 

Denying promotions 

Imagine you were being considered for a promotion before you left. After returning, you are suddenly told you are “not ready” despite having the qualifications and experience. Pregnancy discrimination can involve employment decisions such as promotions and job assignments.

Changing schedules unfairly 

Your schedules were predictable before maternity leave. After you return, your employer suddenly gives you undesirable hours without a clear business reason, while their employees remain on their usual schedules. A schedule change alone does not prove discrimination, but the timing and reason behind it can matter. 

Making negative assumptions about working mothers

Comments such as “You probably won't want the extra responsibility now’ or "your priorities have changed” can be concerning when they affect decisions about your job. Employers generally cannot make employment decisions based on stereotypes about pregnancy or motherhood. 

Terminating an employee because of pregnancy or maternity leave 

Losing your job shortly before or after maternity leave can be frightening. For example, an employer might suddenly claim there is “no work available” while continuing to hire other employees for similar positions. In 2024, the EEOC announced a lawsuit alleging that an employer fired a worker after she requested maternity leave and then claimed no work was available when she tried to return.

The important point is that maternity leave discrimination is not always obvious. Sometimes it appears as a firing. Other times, it shows up through smaller changes that begin after pregnancy, or leaving emails, schedules, performance reviews, messages, and other records can help show what changed and when.

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At Blair & Ramirez LLP, we represent people in personal injury matters and offer free consultations for qualifying personal injury cases. Our Los Angeles office is at 555 W. 5th Street, Suite 3750, Los Angeles, CA 90013. Contact us to discuss what happened and understand the legal options that may be available in your situation.

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