You can get let go in California while on maternity/paternity. My husband got let go.
Yes you can be fired during leave but ONLY if it has nothing to do with your leave and they have actual proof. Just saying that for facts not to scare you because if your job is hiring that doesn’t mean anyone even got fired even coworkers. Many jobs need more people OR they need some new temporary people while you are gone. That doesn’t mean you’re being replaced just means they need more hands. They’d have to have real evidence proving the reasons for termination aren’t due to your PROTECTED leave. They don’t want lawsuits they’d lose. So don’t worry 💜💜 enjoy that baby of yours!!
Do you have official paperwork on file stating disability? Are you getting disability benefits by the state? If you stated you are a person with a disability with a note from doctor on file expressing their medical opinion is for you to be off work for a certain period of time, you should be protected by the ADA. Research ADA for PPD. It’ll inform you of your rights
FMLA i believe protects you during the initial post pregnancy leave for the first 6 weeks but if you are on additional disability leave, it does not protect your job.
@Joanna They can get in trouble for this so that’s very interesting. They did such thing.
They let go the whole department. Another friend of mine was let go while on maternity because it wasn’t toward them specifically but the department was getting cut
@Alana it has to be due to other reasons with proof that it isn’t due to the paternity leave. Usually pretty hard to do but it does happen
Though to clarify, it could be how you file for leave with the state since neither people filed with disability. FYI
@Joanna in this sense that makes total sense because I was like wth?? It’s usually rare for them to cut off during maternity leave unless like Hannah said reasons they had proof about.
Are you out on a protected leave right now (like pregnancy disability leave)? If so, then no
in CA no they can’t if you’re on disability through the state. if they do fire you then file a wrongful termination lawsuit
I know in California it’s protected leave. So they cannot fire you.