Can You Get Laid Off While On Maternity Leave?

Finding out you are being laid off is hard in any situation. Hearing that news while you are pregnant or home with a newborn is a completely different level of shock. Many workers ask the same question: “Can my company really lay me off while I’m on maternity leave?”

The honest answer is nuanced: in the United States, you can be included in a genuine, neutral layoff that would have happened whether or not you were pregnant or on leave. But it is illegal for an employer to target you, single you out, or punish you because you are pregnant, have just given birth, or chose to take maternity (or parental) leave.

This guide walks through how the law actually works in 2026, what “legal vs. illegal” looks like in real life, what happens to your pay and benefits, and how to move forward if you believe you were wrongfully laid off.

Short Answer: Yes, You Can Be Laid Off – But Not Because You’re Pregnant

Under U.S. law, employers are allowed to restructure, cut positions, and close departments even when some employees are on maternity or parental leave. What they cannot do is:

Fire or lay you off because you are pregnant or just gave birth.
Include you in a layoff because you took or plan to take maternity leave.
Use your pregnancy or leave as a negative factor when deciding who stays and who goes.

The core legal line is simple: pregnancy and maternity leave are protected. If you would not have been laid off except for those facts, your employer is likely breaking the law.

Your Legal Protections During Maternity Leave

Several different laws work together to protect workers during pregnancy and after childbirth:

Family and Medical Leave Act (FMLA)

If you are eligible for FMLA (generally: you’ve worked for your employer for at least 12 months, logged 1,250 hours, and your company has at least 50 employees within 75 miles), you are entitled to:

Up to 12 weeks of unpaid, job-protected leave for childbirth and bonding.
Reinstatement to the same or an equivalent job when you return.
Protection from retaliation for taking FMLA leave.

However, FMLA does not act as a personal shield from all layoffs. If your whole division is closed, or your position truly disappears in a legitimate reduction in force, the company can lawfully eliminate your job even while you are on leave—provided they can prove they would have done so regardless of your leave status.

Pregnancy Discrimination Act (PDA)

The Pregnancy Discrimination Act, part of Title VII of the Civil Rights Act, makes it illegal for employers with 15 or more employees to:

Fire, demote, or lay off an employee because she is pregnant.
Treat pregnancy-related conditions worse than other temporary medical conditions.
Exclude pregnant workers from training, promotions, or projects based on stereotypes.

If your employer “eliminates” your role after you disclose your pregnancy or request leave—even though your job duties are still needed and another person quickly takes them over—that is a classic red flag for pregnancy discrimination.

Americans With Disabilities Act (ADA)

Pregnancy itself is not a disability, but pregnancy-related medical issues can be covered. Under the ADA, employers must offer reasonable accommodations and cannot retaliate or lay you off because of a qualifying medical condition.

State and Local Laws

On top of federal protections, many states and cities add extra layers of protection:

California: CFRA and FEHA offer strong parental leave and anti-discrimination rules.
New York: Paid Family Leave plus state anti-retaliation protections.
New Jersey, Washington, Massachusetts, Colorado, and others: state-run paid leave and job protection during qualifying leave periods.

If you live in one of these states, your employer’s room to maneuver is even narrower—and a layoff on leave will often be scrutinized closely if challenged.

When a Layoff on Maternity Leave Can Be Legal

There are situations where a layoff that affects someone on maternity leave is lawful. In general, an employer is on safer ground when it can show that:

The company is doing a bona fide restructuring or reduction in force.
The decision was made based on documented business reasons (budget cuts, reorganization, elimination of a product line).
The same criteria (performance, seniority, role redundancy) were applied to everyone, not just people on leave.
Your position is truly eliminated, not quietly refilled under a new title days later.

In other words, if your entire team is being laid off, or your location is closing permanently, your employer can include you—even if you are currently on leave—so long as you were not selected because of your pregnancy or time off.

When a Layoff on Maternity Leave Is Likely Illegal

On the flip side, there are many red-flag scenarios where a layoff strongly suggests discrimination or retaliation:

You were the only person on your team laid off, and you happened to be pregnant or on leave.
Your manager made comments about your pregnancy being “inconvenient,” “bad timing,” or “too expensive.”
Your performance reviews were consistently positive, but suddenly turned negative right before the layoff.
Your job was supposedly cut, but a coworker or new hire is now doing the same work with a slightly different title.
Selection for layoff came right after you requested FMLA or state leave paperwork.

If any of those sound familiar, it is worth taking the situation seriously, documenting everything, and talking to an employment lawyer or legal aid office.

What Happens to Your Pay, Leave, and Benefits?

The financial side is often what scares people most. Here’s what typically happens if you are laid off while on maternity leave in the U.S.:

Employer-Paid Maternity Leave

If your company provides its own paid maternity leave (separate from any state program), whether you continue to get those payments after the layoff depends on the employer’s policy. Some will stop payments on your layoff date; others honor the full period. You have the right to ask for the written policy and, if needed, push back if they are not following their own rules.

State Paid Family Leave Programs

In states like California, New York, New Jersey, Washington and others, paid family leave benefits are funded by the state, not your employer. In many cases, you can continue receiving those payments even if you were laid off, because eligibility is tied to your recent work history and contributions, not your current employment status.

Health Insurance Coverage

If you had employer-sponsored health insurance, you will typically be offered COBRA continuation coverage or a similar option. That allows you to keep the same plan for a period of time, but you may have to pay the full premium (which can be expensive). For some families, switching to a spouse’s plan or to a marketplace plan is more affordable.

Unemployment Benefits

Whether you can collect unemployment while still physically recovering from childbirth depends on your state’s “able and available” rules. In many states, once you are medically cleared to work and actively seeking a job, you may qualify for unemployment if you lost your job through no fault of your own as part of a layoff.

What To Do If You Are Laid Off on Maternity Leave

If this has already happened to you, try to move through these steps calmly and systematically:

Ask for everything in writing. Request a written notice of layoff and, if possible, an explanation of the business reason (restructuring, site closure, etc.).
Collect documents. Save performance reviews, emails praising your work, any messages about your pregnancy or leave, and any layoff-selection criteria the company shares.
Compare treatment. Find out whether coworkers in similar roles or with less seniority were kept. Big discrepancies can be telling.
Review your severance package. If severance is offered, read it carefully. It may include a release of legal claims. Do not sign under pressure.
Talk to an employment lawyer. A short consultation can help you understand whether your situation looks like standard restructuring or potential discrimination.
File a charge if needed. If a lawyer or legal aid group believes you were targeted, you may be advised to file a charge with the EEOC or a state agency.

Once you feel ready to return to the job market, you may find it useful to read:
How Many Applications Americans Submit Before Getting Hired in 2026 and
The Fastest-Growing Jobs of 2026 (Based on New Data).
Both guides can help you set realistic expectations and target roles with strong demand.

How to Talk About Being Laid Off After Maternity Leave

When the time comes to job hunt, many parents worry about how to explain the layoff. The good news: layoffs are extremely common and, in most industries, no longer carry the stigma they once did—especially when they happened during a broader restructuring.

Two resources on GoLayoffs.com that can help:

Can a Company Find Out If You Were Laid Off? (2026 Guide for Job Seekers) – explains what background checks typically show and how to talk honestly about your departure without hurting your chances.
How To Tell People You Lost Your Job Without Embarrassment – helps you craft a simple, confident narrative for friends, family, and future employers.

In interviews, you generally don’t need to go into medical detail or personal history. A concise line like this is enough:

“My role was eliminated as part of a broader restructuring while I was on maternity leave. It wasn’t performance-related, and I left on good terms. Now I’m looking for a long-term role where I can bring my experience in X and Y.”

How Your Layoff Fits Into the Bigger Picture

If your layoff feels random or unfair, it may help to understand the broader context. Many companies have been restructuring around automation, AI, and cost cutting. For example, you can see how one giant employer has been reshaping its workforce in Amazon Layoff Tracker 2025: Every Announced Reduction Across Regions.

If you’re worried about long-term job security in an AI-driven labor market, you might find it useful to read:
Will AI Really Replace All Jobs? What the Data Actually Says and
December Jobs Report: The 5 Numbers Everyone Should Watch. These pieces explain where the labor market is tightening, where it’s still strong, and which skills are becoming more valuable.

And if your layoff has you thinking more broadly about workplace power and protections, you may also want to explore
How To Form a Union Without Getting Fired (2026 Guide), which covers how workers are organizing for better pay and more predictable treatment.