Can You Be Fired for Missing Work Due to Pregnancy?

No, you cannot be fired because you missed work due to pregnancy if your employer is covered by federal or state anti-discrimination laws. However, you can be fired for legitimate, non-discriminatory reasons even if you are pregnant or have pregnancy-related absences. The key is whether the absence is protected and whether the employer's stated reason is a pretext for discrimination.

Federal laws such as the Pregnancy Discrimination Act (PDA), the Pregnant Workers Fairness Act (PWFA), the Americans with Disabilities Act (ADA), and the Family and Medical Leave Act (FMLA) provide protections for pregnancy-related absences. State laws, like California's Fair Employment and Housing Act (FEHA) and Pregnancy Disability Leave Law (PDLL), may offer additional safeguards. This article explains when missing work due to pregnancy is protected and when termination may be lawful.

Federal Protections for Pregnancy-Related Absences

Several federal laws protect pregnant workers from discrimination and require reasonable accommodations, including time off for pregnancy-related conditions. Our breakdown of Do Varicose Veins Go Away After Pregnancy covers the related details.

• Pregnancy Discrimination Act (PDA): Amends Title VII to prohibit discrimination based on pregnancy, childbirth, or related medical conditions. This includes firing someone for pregnancy-related absences if the employer would allow similar absences for other medical conditions. The EEOC enforces this law.
• Pregnant Workers Fairness Act (PWFA): Requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, unless it causes undue hardship. Accommodations may include time off for prenatal appointments, recovery, or other pregnancy-related needs. The Department of Labor provides guidance on these rights.
• Americans with Disabilities Act (ADA): While pregnancy itself is not a disability, pregnancy-related impairments (e.g., gestational diabetes, preeclampsia) may qualify as disabilities. Employers must provide reasonable accommodations, including leave, for such disabilities. The EEOC also enforces the ADA.
• Family and Medical Leave Act (FMLA): Eligible employees (those who have worked for a covered employer for at least 12 months and 1,250 hours) are entitled to up to 12 weeks of unpaid, job-protected leave for pregnancy, childbirth, or serious health conditions. FMLA leave cannot be counted against you in employment decisions. The DOL enforces FMLA.

These laws apply to employers with 15 or more employees (Title VII, ADA, PWFA) or 50 or more employees (FMLA). Some state laws cover smaller employers.

State Laws: California as an Example

California provides broader protections for pregnant workers. Under the Fair Employment and Housing Act (FEHA), employers with 5 or more employees must provide reasonable accommodations for pregnancy, including time off. The Pregnancy Disability Leave Law (PDLL) allows up to 4 months of job-protected leave for pregnancy-related disabilities, separate from FMLA. Sparrow LLP explains that firing an employee for pregnancy-related absences is illegal discrimination under FEHA. For related context, see our guide to Can Sperm Cause Miscarriage in Early Pregnancy.

Additionally, California law prohibits retaliation for taking pregnancy leave or requesting accommodations. If you are fired for missing work due to pregnancy in California, you may have a claim for wrongful termination. West Coast Employment Lawyers note that pregnant workers cannot be fired for pregnancy-related absences, including routine appointments.

Other states have similar laws; check your state's fair employment agency for specifics.

When Termination May Be Legal

Even with these protections, an employer may lawfully terminate a pregnant employee for reasons unrelated to pregnancy. For example:

• Poor performance: If the employee was already underperforming before the pregnancy and the employer can document this, termination may be legal.
• Company restructuring or layoffs: If the position is eliminated for economic reasons and the pregnancy is not a factor, termination is allowed.
• Violation of workplace policies: If the employee violates a neutral policy (e.g., excessive unexcused absences not related to pregnancy) and the policy is applied consistently, termination may be lawful.

However, if the employer's stated reason is a pretext for pregnancy discrimination, it is illegal. Sparrow LLP highlights that suspicious timing, disparate treatment, or harassing comments can indicate discrimination.

What to Do If You Are Fired for Pregnancy-Related Absences

If you believe you were fired because of pregnancy-related absences, take these steps:

1. Document everything: Save emails, performance reviews, and any communications about your pregnancy or absences. Note dates, times, and witnesses.
2. Request a written explanation: Ask your employer for the reason for termination in writing.
3. File a complaint: You can file a charge with the EEOC within 180 days (or 300 days if your state has a fair employment agency). In California, you can file with the Department of Fair Employment and Housing (DFEH).
4. Consult an employment lawyer: An attorney can evaluate your case and help you pursue legal remedies, such as reinstatement, back pay, or damages.

Remember, retaliation for asserting your rights is also illegal. If you are fired after complaining about discrimination or requesting an accommodation, that may be a separate violation.

Frequently Asked Questions

Can I be fired for calling out too much while pregnant?

If your absences are due to pregnancy-related conditions and you have requested accommodations or are eligible for FMLA/state leave, firing you for those absences may be illegal. However, if you have excessive unexcused absences unrelated to pregnancy and your employer applies a neutral attendance policy, termination may be lawful.

What if I can't do my job while pregnant?

You have the right to request reasonable accommodations under the PWFA and ADA. This may include modified duties, a temporary transfer, or leave. Your employer must engage in an interactive process to determine accommodations unless it causes undue hardship.

Can my doctor write me out of work for pregnancy?

Yes, a doctor can provide medical documentation for pregnancy-related disabilities. Under FMLA and state laws, this documentation can support your need for leave. Your employer may require certification but cannot retaliate against you for providing it.

What happens if I lose my job while pregnant?

If you are terminated, you may be eligible for unemployment benefits, and you may have legal claims if the termination was discriminatory. You should also explore health insurance options, such as COBRA or state programs.

For more detailed information, consult the EEOC's guidance on pregnancy discrimination or the DOL's maternal health resources.