Starting or growing your family shouldn’t put your job at risk. Yet too often, employers mislead workers into believing they aren’t entitled to time off after childbirth simply because they haven’t been with the company long enough. The truth is, even without a year of employment, the law still protects your right to recovery and fair treatment after giving birth.
If your employer has denied your maternity leave or threatened your job because of your pregnancy, call 212.766.9100 to speak confidentially with Tuckner, Sipser, Weinstock & Sipser, LLP, a New York law firm that stands up for women facing workplace discrimination and retaliation.
What Every Pregnant Employee Needs to Know About Maternity Leave Eligibility
Many women assume they must work for an employer for at least a year before qualifying for maternity leave. Employers often reinforce this belief, claiming they are simply following federal law. But that’s not the full story. Even if you haven’t been employed for twelve months, you may still be legally entitled to maternity leave under other laws that protect against pregnancy and disability discrimination.
If your employer has told you that you are not eligible for maternity leave or has refused to hold your position after childbirth, you may have a claim. Call 212.766.9100 to speak confidentially with Tuckner, Sipser, Weinstock & Sipser, LLP, a New York law firm focused on protecting women’s rights in the workplace.
What Employers Get Wrong About Maternity Leave
Employers often cite the Family and Medical Leave Act (FMLA) when denying maternity leave. The FMLA does provide up to 12 weeks of unpaid, job-protected leave for childbirth and bonding, but it applies only to employees who have worked for the company for at least one year and whose employer has at least 50 employees within a 75-mile radius.
When HR tells a pregnant employee she “doesn’t qualify for leave” because she hasn’t met those conditions, it sounds final—but it’s misleading. While you may not qualify under the FMLA, you are still protected under other laws that prohibit sex and disability discrimination.
Why You May Still Be Protected Under Federal and State Law
Pregnancy and childbirth are legally recognized medical conditions. After giving birth, every woman is temporarily disabled while her body heals. Denying time off for that recovery, when similar time would be granted for other medical conditions like surgery or injury, is considered disability discrimination under federal and state law.
Under the Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act (ADA), employers with at least 15 employees must accommodate pregnancy-related medical needs, including maternity leave for postpartum recovery. You do not have to meet the one-year employment threshold that applies under the FMLA to be protected by these laws.
Learn more about how these protections work on our Pregnancy Discrimination page.
What Happens After Childbirth?
The period following childbirth is a time of medical recovery. Whether you deliver vaginally or via cesarean section, your body needs time to heal. That recovery period is considered a temporary disability, which means your employer must allow a reasonable amount of leave. Denying that leave while offering it to employees with other medical conditions violates federal law.
If your employer forces you to return to work within days of childbirth or terminates you for taking time off, that may constitute sex and disability discrimination under the ADA and Title VII of the Civil Rights Act.
What If You Don’t Have Vacation or Sick Days?
Employers sometimes argue that if you lack accrued paid time off, they are not obligated to provide leave. This is incorrect. Even without vacation or sick days, your employer must allow a reasonable period for postpartum recovery and cannot terminate you for needing time to heal.
Paid time off and job protection are separate issues. While not every employee is entitled to paid leave, all employees are entitled to fair treatment and medical accommodation under the law.
Visit our Workplace Discrimination page for additional information on these protections.
How to Protect Yourself If HR Denies Your Leave
If your company refuses maternity leave because you haven’t worked there a year, take these steps immediately:
- Request the denial in writing. Ask HR to confirm their position via email.
- Keep all documentation. Save your announcement email, HR responses, and any performance notes.
- Ask for clarification. Politely remind them that pregnancy and postpartum recovery are protected medical conditions under federal and state law.
- Contact an attorney. A pregnancy discrimination lawyer can advise you on how to respond, negotiate leave, or file a claim.
At Tuckner, Sipser, Weinstock & Sipser, LLP, we regularly represent women who were denied maternity leave or terminated shortly after giving birth. We help clients assert their rights and hold employers accountable when they misuse the law to avoid their responsibilities. Call 212.766.9100 or fill out the confidential consultation form on this page to learn your options.
What Size Employer Must Comply?
Federal pregnancy and disability protections apply to employers with 15 or more employees. This means that even smaller organizations—those that may not meet the 50-employee FMLA threshold—are still bound by these anti-discrimination laws. If your employer claims otherwise, they are misrepresenting the law.
Employers who fail to accommodate pregnancy or recovery from childbirth can face legal action, even if they believed they were following the FMLA.
The Bottom Line
If your employer tells you that you are not entitled to maternity leave because you haven’t worked there for a full year, do not accept that answer. The law protects all pregnant employees from being forced out of work or penalized for taking time to recover after childbirth. Whether your leave is paid or unpaid, you have the right to healing time and job protection under federal and state discrimination laws.
With more than 35 years as a New York women’s rights in the workplace lawyer, attorney Jack Tuckner has represented countless women who have been the victims of workplace discrimination. He is a sought-after media interviewee on women’s rights in the workplace and recognized in the legal profession for his leadership in this area, and he has received dozens of 5 star client reviews. Jack is an active member of the New York bar.