Rights and Resources When Laid Off Before Maternity Leave

Being laid off right before maternity leave can be an overwhelming and stressful experience. The uncertainty of job loss, combined with the financial and emotional demands of pregnancy, makes it essential to understand your rights and options.

Fortunately, employment laws offer protections and there are resources available to help you navigate this challenging time. In this guide, we’ll cover what to do if you are laid off before maternity leave, including your legal rights, unemployment benefits, and available support.

Understanding Your Legal Rights

Pregnancy Discrimination Protections

Federal law prohibits pregnancy discrimination in the workplace, with the Equal Employment Opportunity Commission (EEOC) enforcing three key laws to protect employees and job applicants.

The Pregnancy Discrimination Act (PDA), part of Title VII of the Civil Rights Act of 1964, makes it illegal for employers to fire, refuse to hire, or discriminate against an employee based on:

• Current, past, or potential pregnancy

• Pregnancy-related medical conditions, including breastfeeding/lactation

• Reproductive health decisions, such as abortion or birth control

The Pregnant Workers Fairness Act (PWFA) requires employers to provide reasonable accommodations for pregnancy-related limitations, unless doing so causes undue hardship.

The Americans with Disabilities Act (ADA) does not classify pregnancy as a disability, but pregnancy-related conditions (e.g., gestational diabetes) may qualify. If so, employers must provide reasonable accommodations and keep all medical records confidential.

Family and Medical Leave Act (FMLA) Considerations

The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave for pregnancy and childbirth-related reasons. However, if you are laid off right before maternity leave, FMLA protections do not apply once your employment ends. If your employer had already approved your maternity leave but then terminated your position, they may have acted unlawfully.

Because employment laws vary by state, it’s important to understand the legal protections available where you live. Speaking with an attorney—especially if you have prepaid legal services through your employer—can provide valuable guidance.

Severance, Benefits, and Unemployment Options

Severance Packages

Employers are not legally required to offer severance, but some companies provide it as part of a termination agreement. If severance is offered, review the terms carefully before signing anything. Many severance agreements include clauses waiving your right to sue for wrongful termination or pregnancy discrimination. Seeking legal advice through your prepaid legal insurance can help ensure you don’t sign away important rights. 

Unemployment Benefits Eligibility

Being laid off—rather than fired for misconduct—typically qualifies you for unemployment compensation. Each state has specific guidelines, but most pregnant employees can collect unemployment benefits if they are able and willing to work. If an employer claims that you are ineligible due to pregnancy, consult an attorney immediately. 

Health Insurance Continuation Options

Losing employer-sponsored health insurance before maternity leave can be especially concerning. If your job provided health insurance coverage, you may be eligible for COBRA, which allows you to continue benefits for a set period. Alternatively, you may qualify for state health programs or be able to join your spouse’s or partner’s plan. 

Steps to Take After Being Laid Off Right Before Maternity Leave

• Request a Written Termination Letter – A formal document explaining your termination can help clarify the reason for the layoff.

• Review Your Employment Contract – Some contracts include severance, health insurance continuation, or other termination protections.

• File for Unemployment Benefits – Contact your state unemployment office as soon as possible to start the claims process.

• Explore Health Insurance Options – Research COBRA, Medicaid, or other coverage alternatives to ensure continuous prenatal and postpartum care.

• Seek Legal Assistance if Needed – If you believe your termination was unlawful, consult an employment attorney through legal expense insurance or a prepaid legal services plan.

Legal Assistance and Resources for Expectant Parents

Navigating a layoff while expecting a child is difficult, but you don’t have to do it alone. An attorney can assess potential discrimination claims, review severance agreements, and help you negotiate a favorable resolution. 

Although legal advice may seem expensive, legal insurance—also known as prepaid legal services—can provide affordable access to legal expertise without costly hourly fees. 

Government Agencies

The Equal Employment Opportunity Commission (EEOC) investigates wrongful termination and pregnancy discrimination claims. State Labor Departments can often also offer guidance on unemployment benefits and legal protections.

Know Your Rights with LegalFix

Losing your job before maternity leave can feel like an impossible situation—but knowing your rights and available resources can help protect your financial and legal future. If you believe your termination was illegal, legal support is available through legal insurance, also known as prepaid legal services.

At LegalFix, we provide access to affordable legal advice for employment disputes, severance negotiations, and unemployment benefits through our legal insurance plans. Whether you want to know more about what to do if you’ve been laid off right before maternity leave or just want a better understanding of how our legal system works, LegalFix is your go-to source for legal information. 

LegalFix offers legal insurance—also known as prepaid legal services—as an employee benefit for SMBs and as a membership benefit for credit unions. Ask your employer, employee benefits broker, insurance broker, credit union, or other membership group for preferred pricing today. 

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