Laid Off While Pregnant: Your Rights and What to Do

Were you laid off during pregnancy? Know your legal rights under the Pregnancy Discrimination Act, FMLA, and state laws. Learn what to do and when it might be illegal.

Updated December 14, 2025
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Being laid off is stressful. Being laid off while pregnant adds another layer of complexity and concern. This guide explains your legal protections, helps you identify if discrimination occurred, and outlines your options for moving forward.

Pregnancy Discrimination Act (PDA)

The federal Pregnancy Discrimination Act prohibits discrimination based on:

  • Pregnancy
  • Childbirth
  • Related medical conditions

Key protections:

  • Can't be fired or laid off because of pregnancy
  • Must be treated the same as other employees with similar abilities
  • Can't be forced to take leave if you can still work
  • Must be given the same considerations for modified duties as other temporarily disabled employees

Applies to: Employers with 15+ employees

Family and Medical Leave Act (FMLA)

If you've worked for your employer for 12+ months and they have 50+ employees:

  • You're entitled to 12 weeks of unpaid, job-protected leave
  • Leave can be used for pregnancy, childbirth, and bonding
  • Your job (or equivalent) must be held for you
  • Health insurance continues during leave

Important: FMLA doesn't prevent layoffs for legitimate business reasons, but it does protect you from being targeted for taking or requesting leave.

State Laws

Many states have stronger protections:

States with additional protections:

  • California (CFRA + PDL)
  • New York (NYPFL)
  • New Jersey (FLA + TDB)
  • Massachusetts (PFML)
  • Washington (PFML)
  • Connecticut, Oregon, Colorado, and others

State laws may provide:

  • Coverage for smaller employers
  • Paid family leave
  • Longer leave periods
  • Additional protections

Check your state's specific laws — They may offer more protection than federal law.

Legitimate Layoffs

It IS legal to lay off a pregnant employee if:

  • The position is genuinely being eliminated
  • The layoff is part of a broader reduction in force
  • Business reasons are legitimate and documented
  • Pregnancy played no role in the decision
  • Selection criteria were applied fairly

The key question: Would this layoff have happened regardless of pregnancy?

Illegal Discrimination

It's ILLEGAL if:

  • Pregnancy was a factor in the layoff decision
  • You were targeted because of pregnancy
  • Your position wasn't really eliminated
  • You were replaced by a non-pregnant employee
  • Selection criteria were applied differently to you
  • Comments were made about your pregnancy affecting work

Red Flags That Suggest Discrimination

Timing Red Flags

  • Laid off shortly after announcing pregnancy
  • Terminated right before maternity leave
  • Let go after requesting pregnancy accommodations
  • Position eliminated after pregnancy-related absences

Pattern Red Flags

  • Other pregnant employees were also laid off
  • Your position was filled after your departure
  • Criteria seemed designed to select you
  • Non-pregnant employees in similar roles were kept

Comment Red Flags

  • Comments about pregnancy affecting your work
  • Questions about your plans after the baby
  • Statements about commitment or reliability
  • "Jokes" about pregnancy and employment
  • Concerns about maternity leave coverage

Process Red Flags

  • No prior performance issues suddenly became an issue
  • Layoff criteria weren't clearly explained
  • Different standards applied to you vs. others
  • No opportunity to compete for remaining positions
  • Sudden negative reviews after pregnancy announcement

What to Do If You're Laid Off While Pregnant

Immediate Steps

1. Stay calm and professional

  • Don't react emotionally in the moment
  • Ask questions to understand the situation
  • Request time to review any documents

2. Get information in writing

  • Request written explanation of the layoff
  • Ask for the selection criteria used
  • Get your termination date in writing
  • Request your personnel file

3. Don't sign anything immediately

  • Ask for time to review severance agreements
  • If 40+, you're entitled to 21 days (45 for group layoffs)
  • Signing may waive your right to take legal action

Document Everything

Keep records of:

  • Timeline of your pregnancy announcement
  • Any comments about your pregnancy
  • Your performance reviews and feedback
  • How others were treated
  • The layoff process and criteria
  • Any witnesses to relevant conversations
  • Communications about accommodations

Questions to Ask

Ask HR or your manager:

  • Why was my position selected for elimination?
  • What criteria were used for the layoff?
  • How many others were affected?
  • Is my position being filled or truly eliminated?
  • What happens to my health insurance?
  • What severance is being offered?

Health Insurance Concerns

COBRA Coverage

If you lose your job, you can continue your health insurance through COBRA:

  • Coverage continues for up to 18 months
  • You pay the full premium plus 2% admin fee
  • Prenatal and delivery care is covered
  • No gap in coverage

Cost consideration: COBRA is expensive. Average family coverage is $600-$2,000/month.

ACA Marketplace

Losing job-based coverage is a qualifying event for ACA enrollment:

  • 60-day special enrollment period
  • May qualify for subsidies based on income
  • Pregnancy cannot be denied as pre-existing condition
  • Covers prenatal, delivery, and postpartum care

Medicaid

If your income drops, you may qualify for Medicaid:

  • Pregnancy Medicaid has higher income limits
  • Covers prenatal care, delivery, and postpartum
  • Apply through your state's health department

Health insurance options guide →

Unemployment Benefits

You Can File for Unemployment

Being pregnant doesn't affect unemployment eligibility:

  • File immediately after your layoff
  • Pregnancy status is irrelevant to eligibility
  • You must be able and available to work
  • Being pregnant doesn't mean you're not able to work

Availability Requirements

You remain "available for work" if:

  • You can perform your usual occupation
  • You're not yet on disability/maternity leave
  • You're seeking work appropriate for your condition

When availability changes:

  • If a doctor restricts your work capacity
  • If you begin maternity leave
  • If you're physically unable to work

After the Baby

Returning to work search:

  • You must continue to be available for work to receive benefits
  • Childcare challenges don't excuse availability
  • Resume job search when able

Filing an EEOC Complaint

If you believe discrimination occurred:

  1. File a charge with the EEOC within 180-300 days
  2. EEOC will notify your employer
  3. Investigation or mediation may occur
  4. You'll receive a "right to sue" letter

What the EEOC looks at:

  • Timing of the layoff relative to pregnancy
  • Comparative treatment of others
  • Employer's stated reasons vs. evidence
  • Pattern of discrimination

State Fair Employment Agencies

Your state may have its own agency:

  • May have longer filing deadlines
  • May cover smaller employers
  • Can investigate alongside EEOC
  • May offer additional remedies

Consulting an Attorney

Consider an attorney if:

  • Strong evidence of discrimination
  • Significant damages (lost wages, benefits)
  • Employer has history of discrimination
  • You want to pursue legal action

Finding an attorney:

  • Many offer free consultations
  • Often work on contingency for discrimination cases
  • Look for employment law specialists
  • National Employment Lawyers Association (NELA) referrals

Evaluating Your Severance

What to Consider

Before signing, evaluate:

  • Is the severance fair given the circumstances?
  • What claims are you releasing?
  • Does it include health insurance continuation?
  • Are there non-compete restrictions?

What to Negotiate

Ask for:

  • Extended severance pay
  • COBRA subsidy during pregnancy and postpartum
  • Extended maternity leave benefits
  • Positive reference
  • Removal of non-compete for parental status

Have an attorney review if:

  • The agreement waives discrimination claims
  • You believe discrimination occurred
  • The terms seem unfair
  • Significant money is involved

Severance negotiation guide →

Job Searching While Pregnant

Employers cannot:

  • Ask if you're pregnant in interviews
  • Refuse to hire because of pregnancy
  • Treat you differently due to pregnancy status
  • Ask about family planning

Practical Considerations

When to disclose:

  • You're not legally required to disclose
  • Many wait until after an offer
  • Consider your comfort and the role
  • Earlier disclosure if accommodations needed

Addressing concerns:

  • Focus on your qualifications
  • Emphasize your commitment
  • Have a plan for coverage during leave
  • Know that concerns may be illegal but real

Interview Tips

  • Focus on your experience and skills
  • If asked illegal questions, redirect professionally
  • Don't volunteer pregnancy information unnecessarily
  • Research company culture on parental leave

Special Situations

Already on Maternity Leave

If laid off while on FMLA leave:

  • May be illegal if targeting you for being on leave
  • Legitimate layoffs can still occur
  • Document whether position is truly eliminated
  • Note if others on leave were affected

Close to Due Date

Additional considerations:

  • Healthcare coverage becomes urgent
  • Timing of severance matters
  • May need to start new job after delivery
  • Short-term disability considerations

High-Risk Pregnancy

If you have restrictions:

  • Request reasonable accommodations in writing
  • Employer must engage in interactive process
  • Can't be laid off for needing accommodations
  • Document any failure to accommodate

Emotional Support

This Is Hard

Being laid off while pregnant is uniquely stressful:

  • Financial concerns for your growing family
  • Health insurance worry
  • Identity and career uncertainty
  • Hormonal and physical challenges

Getting Support

Resources:

  • Employee Assistance Programs (may extend briefly after layoff)
  • Community support groups
  • Online forums for pregnant job seekers
  • Friends and family

Remember:

  • This is not your fault
  • Pregnancy discrimination is the employer's wrongdoing
  • Many have navigated this successfully
  • Focus on what you can control

Mental health resources →

Key Takeaways

  1. You have legal protections — PDA, FMLA, and state laws protect pregnant workers
  2. Legitimate layoffs can happen — But pregnancy can't be a factor
  3. Watch for red flags — Timing, comments, and process matter
  4. Document everything — Evidence is crucial if discrimination occurred
  5. Don't sign immediately — Review severance carefully
  6. File for unemployment — Pregnancy doesn't disqualify you
  7. Get health coverage — COBRA, ACA, or Medicaid
  8. Consider legal options — EEOC complaints and attorney consultation

Related Resources:

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