If you’re pregnant and worried about losing your job because you missed work, you’re not alone. Many employees in California wonder whether calling out due to pregnancy symptoms, medical appointments, or pregnancy-related complications can legally result in termination.
How Pregnancy Is Protected Under California Law
In many cases, it is illegal for an employer to fire you for missing work due to pregnancy. According to California laws like the Fair Employment and Housing Act (FEHA), Pregnancy Disability Leave, and the Family Rights Act, employers cannot discriminate against employees because of pregnancy, childbirth, or related medical conditions. In addition, these laws make it illegal for employers to:
- Discipline you for pregnancy-related absences
- Refuse reasonable accommodations
- Retaliate against you for asserting your rights
Can You Be Fired for Pregnancy-Related Absences?
Under California law, pregnant mothers cannot be fired for pregnancy related absences and this includes routine rental appointments, doctor visits, and any pregnancy-related testing. Depending on the nature of the pregnancy, eligible employees can take up to four months of job-protected leave if they are disabled by pregnancy, childbirth, or a related medical condition.
During this time, if your missed work falls under PDL and you provide proper medical certification, your employer cannot legally fire you for those absences. In addition, once your baby is born, you may qualify for bonding leave under the California Family Rights Act, which provides up to 12 weeks of job-protected leave. As such, any discipline or termination for not attending work may qualify as pregnancy discrimination.
When Could an Employer Legally Terminate a Pregnant Employee?
It’s important to understand that pregnancy does not make an employee “untouchable.” An employer may still terminate a pregnant employee for legitimate, non-discriminatory reasons, such as:
- Documented poor performance unrelated to pregnancy
- Company-wide layoffs
- Serious misconduct
However, employers cannot use attendance policies as a pretext to punish pregnancy-related absences that are legally protected. If other employees are treated more favorably for similar absences, that may be evidence of discrimination.
What If I Get Fired After Telling My Boss I Am Pregnant?
If you are fired shortly after informing your employer that you are pregnant, that timing alone can raise serious concerns. Courts and even juries often look at facts such as:
- How soon the termination occurred after disclosure
- Whether performance issues suddenly appeared
- Whether your employer made negative comments about pregnancy
- Whether similarly situated employees were treated differently
Any sudden discipline or termination right after announcing a pregnancy can be evidence of discriminatory motive. Even subtle statements like “This is bad timing.” or “We need someone more reliable.” may help establish that pregnancy played a role in the decision.
Can I Get Fired for Calling in Sick While Pregnant?
In many situations, you cannot get fired for calling in sick while pregnant, especially if the absence is medically necessary. However, if you call in sick for reasons unrelated to pregnancy and outside protected leave, an employer may argue the termination was lawful because you violated a neutral attendance policy.
Which is why pregnant mothers should not try to abuse pregnancy leave policies as it can impact their ability to get proper leave. However, if you suspect that your termination was targeted and believe that no one else has received the same mistreatment as you then it is highly recommended to consult with an attorney to understand your right.
What Happens If You Are Fired While Pregnant?
Being fired while pregnant does not automatically mean your employer broke the law, but it is a major red flag. As getting fired while pregnant can bring a lot of stress and concern about the future, it is important to ask the reasons and see if the termination was justified and was applied equally to any other employees.
Which is why if you were fired while pregnant and suspect that the termination was connected to it you may have a claim for wrongful termination and pregnancy discrimination. At West Coast Employment Lawyers, our team of attorneys understand how impactful these cases can be and are committed to ensure you and your child’s future is protected.
Call us today at (213) 927-3700 or fill out our online contact form for a FREE consultation and get the legal guidance you need.
